Establishing a cyber crime investigation division in the department of public safety to investigate crimes with a nexus to the internet or computer technology including crimes involving child exploitation and cyber intrusion

Description

House File 2568 establishes a Cyber Crime Investigation Unit within the Department of Public Safety (DPS). The Unit is charged with investigating crimes that have a nexus to the Internet or computer technology, including crimes involving child exploitation and cyber intrusion. The Bill grants the Unit the authority to carry out the following tasks:

• Conduct investigations and forensic analyses of criminal cases involving computer technology.
• Research and provide training to assist other governmental agencies in prosecuting cases related to cybercrime.
• Provide investigative and prosecutorial assistance to other governmental agencies involved with cybercrime.

Additionally, HF 2568 directs the Commissioner of Public Safety to dedicate two full-time equivalent (FTE) positions to the Unit, as well as allowing for additional staff to be hired if the need arises.

Background

The Division of Criminal Investigation in the DPS oversees an existing Cyber Crime Unit that focuses primarily on investigations involving online exploitation of children and acts as the lead agency in the State under the Internet Crimes Against Children (ICAC) Task Force. The Unit also responds to both cyber intrusions and other non-child exploitation cyber investigations.

Assumptions

• Cyber investigations require both investigative and forensic expertise.
• The skills and training required to conduct online child exploitation investigations differ greatly from those needed to investigate cyber intrusion or other cybercrimes not involving child exploitation. Any additional hires under HF 2568 would need to accommodate these special skills and training.

Fiscal Impact

Due to the complex nature of the investigative and forensic examinations that would be completed by the Cyber Crime Investigation Unit established by HF 2568, the DPS estimates that it would need to hire both a new investigator and a new forensic examiner. These positions would be classified as Special Agent 2 positions. Costs associated with filling these FTE positions and the implementation of HF 2568 are provided in the table below. Cyber Crime Unit: Estimated Personnel and Implementation Costs, FY 2021 – FY 2023 Funding for these FTE positions and related costs for the establishment and implementation of the Cyber Crime Investigation Unit under the DPS would likely be appropriated from the General Fund.

Sources

• Legislative Services Agency
• Department of Public Safety