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PUBLIC LAWS
Second Regular Session of the 122nd

CHAPTER 676
S.P. 779 - L.D. 2028

An Act To Establish a Computer Crimes Unit within the Maine State Police Crime Laboratory

     Emergency preamble. Whereas, acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

     Whereas, in order for the State to combat the serious problem of child pornography and the related crime of child sexual abuse through the seizure and forensic evaluation of computers, more state resources must be dedicated for that purpose; and

     Whereas, in order for the Department of Public Safety to be able to hire new forensic examiners for the full fiscal year to aggressively address the proliferation of child pornography, resources for that purpose must be appropriated immediately; and

     Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 4 MRSA §1057, sub-§2-A, as amended by PL 2003, c. 673, Pt. TT, §1, is further amended to read:

     2-A. Surcharge imposed. Surcharges of 14% and 5% must be added to every fine, forfeiture or penalty imposed by any court in this State, which, for the purposes of collection and collection procedures, are considered a part of the fine, forfeiture or penalty. The 14% surcharge collected as a result of this subsection must be deposited monthly in the Government Operations Surcharge Fund and the 5% surcharge collected as a result of this subsection must be deposited directly into the General Fund. Two-sevenths Three fourteenths of the surcharge collected and deposited in the Government Operations Surcharge Fund must be paid to the Maine Criminal Justice Academy to supplement current funds for training and recertification of part-time and full-time law enforcement officers. One fourteenth of the surcharge collected and deposited in the Government Operations Surcharge Fund must be paid to the State Police to supplement current funds for computer crimes investigations.

     Sec. 2. 25 MRSA c. 192-A, as amended, is repealed.

     Sec. 3. Appropriations and allocations. The following appropriations and allocations are made.

PUBLIC SAFETY, DEPARTMENT OF
State Police 0291
Initiative: Allocates funds for the creation of a computer crimes unit within the State Police program by establishing 2 Computer Crimes Forensic Analyst positions with necessary operational costs for the unit.
OTHER SPECIAL REVENUE
FUNDS 2005-06 2006-07

     Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

Effective June 1, 2006.

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