ENTITLED An Act to require a convicted defendant to reimburse the cost of digital forensic examination fees.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That chapter 23A-27 be amended with a NEW SECTION:
A person convicted of a felony or misdemeanor shall, as part of the sentence imposed by the court, pay for the reimbursement of the cost of any digital forensic examination performed on any personal electronic device in the investigation and prosecution of the crime for which the defendant is convicted. The fee assessed may not exceed ninety-five dollars for each device. Fees collected pursuant to this section by the Unified Judicial System must be deposited in the internet crimes investigation fund, created in section 3 of this Act.
For the purposes of this section, the term "personal electronic device" means any portable electronic device that is designed for and capable of wireless communication or electronic data retrieval, including a cellular telephone, tablet, laptop, computer, or two-way messaging device.
Section 2. That 23A-27-25 be AMENDED:
23A-27-25. Except as provided below, all fines and pecuniary penalties collected for the violation of any state law must be paid into the treasury of the proper county, the net proceeds of which must be applied and used each year for the benefit of the public schools of this state. This section does not apply to forfeitures provided for in 23A-43-23, costs as provided in 23-3-52, section 1 of this Act, 23A-27-26, and 23A-27-27, and restitution and civil penalties assessed under the state's environmental laws.
Section 3. That a NEW SECTION be added to chapter 1-11:
There is hereby established in the state treasury the internet crimes investigation fund. The fund consists of all fees imposed pursuant to section 1 of this Act. The attorney general shall maintain and administer the fund. Interest on moneys credited to the fund must be deposited in the fund. Expenditures out of the fund must be appropriated through the General Appropriations Act. Expenditures from the fund must be used for operational expenses including computer hardware, software licensing, and training for the office of internet crimes investigation, established in 1-11-16, and the internet crimes against children unit.
An Act to require a convicted defendant to reimburse the cost of digital forensic examination fees.
I certify that the attached Act originated in the:
Secretary of the Senate
President of the Senate
Attest:
Secretary of the Senate
Speaker of the House
Attest:
Chief Clerk
File No. ____ Chapter No. ______
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Received at this Executive Office this _____ day of _____________,
2024 at ____________M.
By for the Governor
The attached Act is hereby approved this ________ day of ______________, A.D., 2024
ss. Office of the Secretary of State
Filed ____________, 2024 at _________ o'clock __M.
Secretary of State
By Asst. Secretary of State
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