HB4209 99TH GENERAL ASSEMBLY

LRB099 12142 RLC 34872 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4209

Introduced , by Rep. André M. Thapedi

SYNOPSIS AS INTRODUCED:

New Act
5 ILCS 140/7	from Ch. 116, par. 207

Creates the Eliminate Racial Profiling Act. Prohibits a State or local law enforcement agent or law enforcement agency from engaging in racial profiling. Allows the State or an individual injured by racial profiling to enforce the racial profiling provision in a civil action for declaratory or injunctive relief. Requires law enforcement agencies to maintain policies and procedures, designed to eliminate racial profiling, and to certify that in applications for certain federal grant programs. Requires the Attorney General to adopt rules for administrative complaint procedures and independent audit programs applicable to law enforcement agencies. Allows the Attorney General to make grants to law enforcement agencies to develop and implement best practices to eliminate racial profiling. Allows the Attorney General to order the withholding of certain federal grants for law enforcement agencies that are not in compliance with the Act. Grants rulemaking authority to the Attorney General to implement the Act. Contains report and publication requirements, with some limitations to protect personal identifying information. Amends the Freedom of Information Act to exempt disclosure of the name and identifying information of a law enforcement officer, complainant, or other person in any activity for which data is collected and compiled under the Eliminate Racial Profiling Act, except for disclosure of information to that person.

A BILL FOR

AN ACT concerning racial profiling.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Eliminate Racial Profiling Act.

Section 5. Definitions. As used in this Act:

"Covered program" means any program or activity funded in whole or in part with funds made available under:

(1) the Edward Byrne Memorial Justice Assistance Grant Program under part E of title I of the federal Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.); and

(2) the "Cops on the Beat" program under part Q of title I of the federal Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.), except that no program, project, or other activity specified in Section 1701(b)(13) of that part shall be a covered program under this paragraph.

"Governmental body" means any department, agency, special purpose district, or other instrumentality of State or local government.

"Hit rate" means the percentage of stops and searches in which a law enforcement officer finds drugs, a gun, or other contraband that leads to an arrest. The hit rate is calculated by dividing the total number of searches by the number of searches that yield contraband. The hit rate is complementary to the rate of false stops.

"Law enforcement agency" means any State or local public agency engaged in the prevention, detection, or investigation of violations of criminal laws.

"Law enforcement agent" means any State or local official responsible for enforcing criminal laws, including police officers and other agents of a law enforcement agency.

"Racial profiling" means the practice of a law enforcement agent or agency relying, to any degree, on actual or perceived race, ethnicity, national origin, religion, gender, gender identity, or sexual orientation in selecting which individual to subject to routine or spontaneous investigatory activities or in deciding upon the scope and substance of law enforcement activity following the initial investigatory procedure, except when there is trustworthy information, relevant to the locality and timeframe, that links a person with a particular characteristic described in this paragraph to an identified criminal incident or scheme.

"Routine or spontaneous investigatory activities" means the following activities by a law enforcement agent:

(1) interviews;

(2) traffic stops;

(3) pedestrian stops;

(4) frisks and other types of body searches;

(5) consensual or nonconsensual searches of the persons, property, or possessions including vehicles, of individuals using any form of public or private transportation, including motorists and pedestrians;

(6) data collection and analysis, assessments, and predicated investigations; or

(7) any other types of law enforcement encounters compiled for or by the Department of State Police and the Racial Profiling Prevention and Data Oversight Board under the Racial Profiling Prevention and Data Oversight Act.

"Reasonable request" means all requests for information, except for those that:

(1) are immaterial to the investigation;

(2) would result in the unnecessary disclosure of personal information; or

(3) would place a severe burden on the resources of the law enforcement agency given its size.

"Unit of local government" means:

(1) any municipal, county, township, town, village, or other general purpose political subdivision of this State;

(2) any law enforcement district or jurisdiction that:

(A) is established under applicable State law; and

(B) has the authority to, in a manner independent of other State entities, establish a budget and impose taxes.

Section 10. Racial profiling prohibition. No law enforcement agent or law enforcement agency shall engage in racial profiling.

Section 15. Enforcement.

(a) The State or an individual injured by racial profiling, may enforce Section 10 of this Act in a civil action for declaratory or injunctive relief, filed in a State court of competent jurisdiction.

(b) In any action brought under this Act, relief may be obtained against:

(1) any governmental body that employed any law enforcement agent who engaged in racial profiling;

(2) any agent of a governmental body who engaged in racial profiling; and

(3) any person with supervisory authority over any law enforcement agent who engaged in racial profiling.

(c) Proof that the routine or spontaneous investigatory activities of law enforcement agents in a jurisdiction have had a disparate impact on individuals with a particular racial profiling characteristic shall constitute prima facie evidence of a violation of this Act.

(d) In any action or proceeding to enforce this Act against any governmental body, the court may allow a prevailing plaintiff reasonable attorney's fees as part of the costs, and may include expert fees as part of the attorney's fee.

Section 20. Policies to eliminate racial profiling.

(a) Law enforcement agencies shall:

(1) maintain adequate policies and procedures designed to eliminate racial profiling; and

(2) cease existing practices that permit racial profiling.

(b) The policies and procedures described in paragraph (1) of subsection (a) shall include:

(1) a prohibition on racial profiling;

(2) training on racial profiling issues as part of law enforcement training;

(3) the collection of data under rules adopted under Section 45 of this Act;

(4) procedures for receiving, investigating, and responding meaningfully to complaints alleging racial profiling by law enforcement agents; and

(5) any other policies and procedures the Attorney General determines to be necessary to eliminate racial profiling by law enforcement agencies.

Section 25. Policies required for grants.

(a) An application by a unit of local government or a law enforcement agency for funding under a covered program shall include a certification that the unit of local government or law enforcement agency, and any law enforcement agency to which it will distribute funds:

(1) maintains adequate policies and procedures designed to eliminate racial profiling; and

(2) has eliminated any existing practices that permit or encourage racial profiling.

(b) The policies and procedures described in paragraph (1) of subsection (a) shall include:

(1) a prohibition on racial profiling;

(2) training on racial profiling issues as part of law enforcement training;

(3) the collection of data under the rules adopted by the Attorney General under Section 45 of this Act; and

(4) participation in an administrative complaint procedure or independent audit program that meets the requirements of Section 30 of this Act.

Section 30. Attorney General.

(a) Not later than 6 months after the effective date of this Act and in consultation with stakeholders, including law enforcement agencies and community, professional, research, and civil rights organizations, the Attorney General shall adopt rules for the operation of administrative complaint procedures and independent audit programs to ensure that the programs and procedures provide an appropriate response to allegations of racial profiling by law enforcement agents or agencies. The rules shall contain guidelines that ensure the fairness, effectiveness, and independence of the administrative complaint procedures and independent auditor programs.

(b) If the Attorney General determines that the recipient of a grant from any covered program is not in compliance with the requirements of Section 20 of this Act or any rule adopted under subsection (a) of this Section, the Attorney General shall order the distributing agency to withhold, in whole or in part, at the discretion of the Attorney General, funds for one or more grants to the recipient under the covered program, until the recipient establishes compliance.

(c) The Attorney General shall provide notice and an opportunity for private parties to present evidence to the Attorney General that a recipient of a grant from any covered program is not in compliance with the requirements of this Act.

Section 35. Data collection.

(a) The Attorney General may, through competitive grants or contracts, carry out a 2-year demonstration project for the purpose of developing and implementing data collection programs on the hit rates for stops and searches by law enforcement agencies. The data collected shall be disaggregated by race, ethnicity, national origin, gender, and religion.

(1) The Attorney General shall provide not more than 10 grants or contracts under this Section.

(2) Grants or contracts under this Section shall be awarded to law enforcement agencies that serve communities in which there is a significant concentration of racial or ethnic minorities and that are not already collecting data voluntarily beyond that which is required under the Traffic Stop Statistical Study Act.

(b) Activities carried out with a grant under this Section shall include:

(1) developing a data collection tool and reporting the compiled data to the Attorney General; and

(2) training of law enforcement personnel on data collection, particularly for data collection on hit rates for stops and searches.

(c) Not later than 3 years after the effective date of this Act, the Attorney General shall enter into a contract with a State institution of higher education to analyze the data collected by each of the grantees funded under this Section.

Section 40. Best practices development grants.

(a) The Attorney General may make grants to law enforcement agencies and units of local government to develop and implement best practice devices and systems to eliminate racial profiling.

(b) The funds provided under subsection (a) of this Section shall be used for programs that include the following purposes:

(1) The development and implementation of training to prevent racial profiling and to encourage more respectful interaction with the public.

(2) The acquisition and use of technology to facilitate the accurate collection and analysis of data.

(3) The development and acquisition of feedback systems and technologies that identify officers or units of officers engaged in, or at risk of engaging in, racial profiling or other misconduct.

(4) The establishment and maintenance of an administrative complaint procedure or independent auditor program.

(c) The Attorney General shall ensure that grants under this Section are awarded in a manner that reserves an equitable share of funding for small and rural law enforcement agencies.

(d) Each law enforcement agency or unit of local government desiring a grant under this Section shall submit an application to the Attorney General at the time, in the manner, and accompanied by the information as the Attorney General may reasonably require.

Section 45. Rulemaking.

(a) Not later than 6 months after the effective date of this Act, the Attorney General, in consultation with stakeholders, including State and local law enforcement agencies and community, professional, research, and civil rights organizations, shall adopt rules for the collection and compilation of data under Sections 15 and 20 of this Act.

(b) The rules adopted under subsection (a) shall:

(1) provide for the collection of data on all routine or spontaneous investigatory activities;

(2) provide that the data collected shall:

(A) be collected by race, ethnicity, national origin, gender, and religion, as perceived by the law enforcement officer;

(B) include the date, time, and location of the investigatory activities;

(C) include detail sufficient to permit an analysis of whether a law enforcement agency is engaging in racial profiling; and

(D) not include personally identifiable information

(3) provide that a standardized form shall be made available to law enforcement agencies for the submission of collected data to the Attorney General;

(4) provide that law enforcement agencies shall compile data on the standardized form made available under paragraph (3) of this subsection (b), and submit the form to the Attorney General;

(5) provide that law enforcement agencies shall maintain all data collected under this Act for not less than 4 years;

(6) include guidelines for setting comparative benchmarks, consistent with best practices, against which collected data shall be measured;

(7) provide that the Attorney General shall:

(A) analyze the data for any statistically significant disparities, including:

(i) disparities in the percentage of drivers or pedestrians stopped relative to the proportion of the population passing through the neighborhood;

(ii) disparities in the hit rate; and

(iii) disparities in the frequency of searches performed on racial or ethnic minority drivers and the frequency of searches performed on non-minority drivers; and

(B) not later than 3 years after the effective date of this Act, and annually thereafter:

(i) prepare a report regarding the findings of the analysis conducted under subparagraph (A) of this paragraph (7);

(ii) provide the report to the General Assembly; and

(iii) make the report available to the public, including on the Attorney General's website; and

(8) protect the privacy of individuals whose data is collected by:

(A) limiting the use of the data collected under this Act to the purposes under this Act;

(B) except as otherwise provided in this Act, limiting access to the data collected under this Act to those State or local employees or agents who require this access in order to fulfill the purposes for the data under this Act;

(C) requiring contractors or other non-governmental agents who are permitted access to the data collected under this Act to sign use agreements incorporating the use and disclosure restrictions set forth in subparagraph (A) of this paragraph (8); and

(D) requiring the maintenance of adequate security measures to prevent unauthorized access to the data collected under this Act.

(c) In addition to the rules under subsections (a) and (b) of this Section, the Attorney General may adopt any other rules he or she determines are necessary to implement this Act.

Section 50. Publication of data. The Attorney General shall provide to the General Assembly and make available to the public, together with each annual report described in Section 25, the data collected under this Act, excluding any personally identifiable information described in Section 55.

Section 55. Limitations on publication of data. The name or identifying information of a law enforcement officer, complainant, or any other individual involved in any activity for which data is collected and compiled under this Act shall not be:

(1) released to the public;

(2) disclosed to any person, except for:

(A) the disclosures as are necessary to comply with this Act;

(B) disclosures of information regarding a particular person to that person; or

(C) disclosures pursuant to litigation; or

(3) subject to disclosure under the Freedom of Information Act, except for disclosures of information regarding a particular person to that person.

Section 60. Reports. Not later than 2 years after the effective date of this Act, and annually thereafter, the Attorney General shall submit to the General Assembly a report on racial profiling by law enforcement agencies. Each report submitted shall include:

(1) a summary of data collected under paragraph (3) of subsection (b) of Section 15 and paragraph (3) of subsection (b) of Section 20 of this Act and from any other reliable source of information regarding racial profiling in the State;

(2) a discussion of the findings in the most recent report prepared by the Attorney General under paragraph (7) of subsection (b) of Section 45 of this Act;

(3) the status of the adoption and implementation of policies and procedures by law enforcement agencies under this Act; and

(4) a description of any other policies and procedures that the Attorney General believes would facilitate the elimination of racial profiling.

Section 105. The Freedom of Information Act is amended by changing Section 7 as follows:

(5 ILCS 140/7) (from Ch. 116, par. 207)

Sec. 7. Exemptions.

(1) When a request is made to inspect or copy a public record that contains information that is exempt from disclosure under this Section, but also contains information that is not exempt from disclosure, the public body may elect to redact the information that is exempt. The public body shall make the remaining information available for inspection and copying. Subject to this requirement, the following shall be exempt from inspection and copying:

(a) Information specifically prohibited from disclosure by federal or State law or rules and regulations implementing federal or State law.

(b) Private information, unless disclosure is required by another provision of this Act, a State or federal law or a court order.

(b-5) Files, documents, and other data or databases maintained by one or more law enforcement agencies and specifically designed to provide information to one or more law enforcement agencies regarding the physical or mental status of one or more individual subjects.

(c) Personal information contained within public records, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, unless the disclosure is consented to in writing by the individual subjects of the information. "Unwarranted invasion of personal privacy" means the disclosure of information that is highly personal or objectionable to a reasonable person and in which the subject's right to privacy outweighs any legitimate public interest in obtaining the information. The disclosure of information that bears on the public duties of public employees and officials shall not be considered an invasion of personal privacy.

(d) Records in the possession of any public body created in the course of administrative enforcement proceedings, and any law enforcement or correctional agency for law enforcement purposes, but only to the extent that disclosure would:

(i) interfere with pending or actually and reasonably contemplated law enforcement proceedings conducted by any law enforcement or correctional agency that is the recipient of the request;

(ii) interfere with active administrative enforcement proceedings conducted by the public body that is the recipient of the request;

(iii) create a substantial likelihood that a person will be deprived of a fair trial or an impartial hearing;

(iv) unavoidably disclose the identity of a confidential source, confidential information furnished only by the confidential source, or persons who file complaints with or provide information to administrative, investigative, law enforcement, or penal agencies; except that the identities of witnesses to traffic accidents, traffic accident reports, and rescue reports shall be provided by agencies of local government, except when disclosure would interfere with an active criminal investigation conducted by the agency that is the recipient of the request;

(v) disclose unique or specialized investigative techniques other than those generally used and known or disclose internal documents of correctional agencies related to detection, observation or investigation of incidents of crime or misconduct, and disclosure would result in demonstrable harm to the agency or public body that is the recipient of the request;

(vi) endanger the life or physical safety of law enforcement personnel or any other person; or

(vii) obstruct an ongoing criminal investigation by the agency that is the recipient of the request.

(d-5) A law enforcement record created for law enforcement purposes and contained in a shared electronic record management system if the law enforcement agency that is the recipient of the request did not create the record, did not participate in or have a role in any of the events which are the subject of the record, and only has access to the record through the shared electronic record management system.

(e) Records that relate to or affect the security of correctional institutions and detention facilities.

(e-5) Records requested by persons committed to the Department of Corrections if those materials are available in the library of the correctional facility where the inmate is confined.

(e-6) Records requested by persons committed to the Department of Corrections if those materials include records from staff members' personnel files, staff rosters, or other staffing assignment information.

(e-7) Records requested by persons committed to the Department of Corrections if those materials are available through an administrative request to the Department of Corrections.

(f) Preliminary drafts, notes, recommendations, memoranda and other records in which opinions are expressed, or policies or actions are formulated, except that a specific record or relevant portion of a record shall not be exempt when the record is publicly cited and identified by the head of the public body. The exemption provided in this paragraph (f) extends to all those records of officers and agencies of the General Assembly that pertain to the preparation of legislative documents.

(g) Trade secrets and commercial or financial information obtained from a person or business where the trade secrets or commercial or financial information are furnished under a claim that they are proprietary, privileged or confidential, and that disclosure of the trade secrets or commercial or financial information would cause competitive harm to the person or business, and only insofar as the claim directly applies to the records requested.

The information included under this exemption includes all trade secrets and commercial or financial information obtained by a public body, including a public pension fund, from a private equity fund or a privately held company within the investment portfolio of a private equity fund as a result of either investing or evaluating a potential investment of public funds in a private equity fund. The exemption contained in this item does not apply to the aggregate financial performance information of a private equity fund, nor to the identity of the fund's managers or general partners. The exemption contained in this item does not apply to the identity of a privately held company within the investment portfolio of a private equity fund, unless the disclosure of the identity of a privately held company may cause competitive harm.

Nothing contained in this paragraph (g) shall be construed to prevent a person or business from consenting to disclosure.

(h) Proposals and bids for any contract, grant, or agreement, including information which if it were disclosed would frustrate procurement or give an advantage to any person proposing to enter into a contractor agreement with the body, until an award or final selection is made. Information prepared by or for the body in preparation of a bid solicitation shall be exempt until an award or final selection is made.

(i) Valuable formulae, computer geographic systems, designs, drawings and research data obtained or produced by any public body when disclosure could reasonably be expected to produce private gain or public loss. The exemption for "computer geographic systems" provided in this paragraph (i) does not extend to requests made by news media as defined in Section 2 of this Act when the requested information is not otherwise exempt and the only purpose of the request is to access and disseminate information regarding the health, safety, welfare, or legal rights of the general public.

(j) The following information pertaining to educational matters:

(i) test questions, scoring keys and other examination data used to administer an academic examination;

(ii) information received by a primary or secondary school, college, or university under its procedures for the evaluation of faculty members by their academic peers;

(iii) information concerning a school or university's adjudication of student disciplinary cases, but only to the extent that disclosure would unavoidably reveal the identity of the student; and

(iv) course materials or research materials used by faculty members.

(k) Architects' plans, engineers' technical submissions, and other construction related technical documents for projects not constructed or developed in whole or in part with public funds and the same for projects constructed or developed with public funds, including but not limited to power generating and distribution stations and other transmission and distribution facilities, water treatment facilities, airport facilities, sport stadiums, convention centers, and all government owned, operated, or occupied buildings, but only to the extent that disclosure would compromise security.

(l) Minutes of meetings of public bodies closed to the public as provided in the Open Meetings Act until the public body makes the minutes available to the public under Section 2.06 of the Open Meetings Act.

(m) Communications between a public body and an attorney or auditor representing the public body that would not be subject to discovery in litigation, and materials prepared or compiled by or for a public body in anticipation of a criminal, civil or administrative proceeding upon the request of an attorney advising the public body, and materials prepared or compiled with respect to internal audits of public bodies.

(n) Records relating to a public body's adjudication of employee grievances or disciplinary cases; however, this exemption shall not extend to the final outcome of cases in which discipline is imposed.

(o) Administrative or technical information associated with automated data processing operations, including but not limited to software, operating protocols, computer program abstracts, file layouts, source listings, object modules, load modules, user guides, documentation pertaining to all logical and physical design of computerized systems, employee manuals, and any other information that, if disclosed, would jeopardize the security of the system or its data or the security of materials exempt under this Section.

(p) Records relating to collective negotiating matters between public bodies and their employees or representatives, except that any final contract or agreement shall be subject to inspection and copying.

(q) Test questions, scoring keys, and other examination data used to determine the qualifications of an applicant for a license or employment.

(r) The records, documents, and information relating to real estate purchase negotiations until those negotiations have been completed or otherwise terminated. With regard to a parcel involved in a pending or actually and reasonably contemplated eminent domain proceeding under the Eminent Domain Act, records, documents and information relating to that parcel shall be exempt except as may be allowed under discovery rules adopted by the Illinois Supreme Court. The records, documents and information relating to a real estate sale shall be exempt until a sale is consummated.

(s) Any and all proprietary information and records related to the operation of an intergovernmental risk management association or self-insurance pool or jointly self-administered health and accident cooperative or pool. Insurance or self insurance (including any intergovernmental risk management association or self insurance pool) claims, loss or risk management information, records, data, advice or communications.

(t) Information contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of a public body responsible for the regulation or supervision of financial institutions or insurance companies, unless disclosure is otherwise required by State law.

(u) Information that would disclose or might lead to the disclosure of secret or confidential information, codes, algorithms, programs, or private keys intended to be used to create electronic or digital signatures under the Electronic Commerce Security Act.

(v) Vulnerability assessments, security measures, and response policies or plans that are designed to identify, prevent, or respond to potential attacks upon a community's population or systems, facilities, or installations, the destruction or contamination of which would constitute a clear and present danger to the health or safety of the community, but only to the extent that disclosure could reasonably be expected to jeopardize the effectiveness of the measures or the safety of the personnel who implement them or the public. Information exempt under this item may include such things as details pertaining to the mobilization or deployment of personnel or equipment, to the operation of communication systems or protocols, or to tactical operations.

(w) (Blank).

(x) Maps and other records regarding the location or security of generation, transmission, distribution, storage, gathering, treatment, or switching facilities owned by a utility, by a power generator, or by the Illinois Power Agency.

(y) Information contained in or related to proposals, bids, or negotiations related to electric power procurement under Section 1-75 of the Illinois Power Agency Act and Section 16-111.5 of the Public Utilities Act that is determined to be confidential and proprietary by the Illinois Power Agency or by the Illinois Commerce Commission.

(z) Information about students exempted from disclosure under Sections 10-20.38 or 34-18.29 of the School Code, and information about undergraduate students enrolled at an institution of higher education exempted from disclosure under Section 25 of the Illinois Credit Card Marketing Act of 2009.

(aa) Information the disclosure of which is exempted under the Viatical Settlements Act of 2009.

(bb) Records and information provided to a mortality review team and records maintained by a mortality review team appointed under the Department of Juvenile Justice Mortality Review Team Act.

(cc) Information regarding interments, entombments, or inurnments of human remains that are submitted to the Cemetery Oversight Database under the Cemetery Care Act or the Cemetery Oversight Act, whichever is applicable.

(dd) Correspondence and records (i) that may not be disclosed under Section 11-9 of the Public Aid Code or (ii) that pertain to appeals under Section 11-8 of the Public Aid Code.

(ee) The names, addresses, or other personal information of persons who are minors and are also participants and registrants in programs of park districts, forest preserve districts, conservation districts, recreation agencies, and special recreation associations.

(ff) The names, addresses, or other personal information of participants and registrants in programs of park districts, forest preserve districts, conservation districts, recreation agencies, and special recreation associations where such programs are targeted primarily to minors.

(gg) Confidential information described in Section 1-100 of the Illinois Independent Tax Tribunal Act of 2012.

(hh) The report submitted to the State Board of Education by the School Security and Standards Task Force under item (8) of subsection (d) of Section 2-3.160 of the School Code and any information contained in that report.

(ii) The name and identifying information of a law enforcement officer, complainant, or other person involved in any activity for which data is collected and compiled under the Eliminate Racial Profiling Act, except for information regarding a particular person to that person.

(1.5) Any information exempt from disclosure under the Judicial Privacy Act shall be redacted from public records prior to disclosure under this Act.

(2) A public record that is not in the possession of a public body but is in the possession of a party with whom the agency has contracted to perform a governmental function on behalf of the public body, and that directly relates to the governmental function and is not otherwise exempt under this Act, shall be considered a public record of the public body, for purposes of this Act.

(3) This Section does not authorize withholding of information or limit the availability of records to the public, except as stated in this Section or otherwise provided in this Act.

(Source: P.A. 97-333, eff. 8-12-11; 97-385, eff. 8-15-11; 97-452, eff. 8-19-11; 97-783, eff. 7-13-12; 97-813, eff. 7-13-12; 97-847, eff. 9-22-12; 97-1065, eff. 8-24-12; 97-1129, eff. 8-28-12; 98-463, eff. 8-16-13; 98-578, eff. 8-27-13; 98-695, eff. 7-3-14.)