Full Text of HB2446 98th General Assembly
HB2446 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB2446 Introduced , by Rep. Chad Hays SYNOPSIS AS INTRODUCED: |
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Amends the Criminal Code of 2012. Exempts from an eavesdropping violation recordings made simultaneously with the use of an in-car video camera or officer-worn video camera recording of an oral
conversation between a uniformed peace officer, who has identified his or her office, and
a person in the presence of the peace officer whenever (i) an officer is conducting an enforcement stop; or (ii) patrol vehicle emergency lights are activated or would otherwise be activated if not for the need to conceal the presence of law enforcement.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by changing | 5 | | Section 14-3 as follows: | 6 | | (720 ILCS 5/14-3) | 7 | | Sec. 14-3. Exemptions. The following activities shall be
| 8 | | exempt from the provisions of this Article: | 9 | | (a) Listening to radio, wireless and television | 10 | | communications of
any sort where the same are publicly made; | 11 | | (b) Hearing conversation when heard by employees of any | 12 | | common
carrier by wire incidental to the normal course of their | 13 | | employment in
the operation, maintenance or repair of the | 14 | | equipment of such common
carrier by wire so long as no | 15 | | information obtained thereby is used or
divulged by the hearer; | 16 | | (c) Any broadcast by radio, television or otherwise whether | 17 | | it be a
broadcast or recorded for the purpose of later | 18 | | broadcasts of any
function where the public is in attendance | 19 | | and the conversations are
overheard incidental to the main | 20 | | purpose for which such broadcasts are
then being made; | 21 | | (d) Recording or listening with the aid of any device to | 22 | | any
emergency communication made in the normal course of | 23 | | operations by any
federal, state or local law enforcement |
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| 1 | | agency or institutions dealing
in emergency services, | 2 | | including, but not limited to, hospitals,
clinics, ambulance | 3 | | services, fire fighting agencies, any public utility,
| 4 | | emergency repair facility, civilian defense establishment or | 5 | | military
installation; | 6 | | (e) Recording the proceedings of any meeting required to be | 7 | | open by
the Open Meetings Act, as amended; | 8 | | (f) Recording or listening with the aid of any device to | 9 | | incoming
telephone calls of phone lines publicly listed or | 10 | | advertised as consumer
"hotlines" by manufacturers or | 11 | | retailers of food and drug products. Such
recordings must be | 12 | | destroyed, erased or turned over to local law
enforcement | 13 | | authorities within 24 hours from the time of such recording and
| 14 | | shall not be otherwise disseminated. Failure on the part of the | 15 | | individual
or business operating any such recording or | 16 | | listening device to comply with
the requirements of this | 17 | | subsection shall eliminate any civil or criminal
immunity | 18 | | conferred upon that individual or business by the operation of
| 19 | | this Section; | 20 | | (g) With prior notification to the State's Attorney of the
| 21 | | county in which
it is to occur, recording or listening with the | 22 | | aid of any device to any
conversation
where a law enforcement | 23 | | officer, or any person acting at the direction of law
| 24 | | enforcement, is a party to the conversation and has consented | 25 | | to it being
intercepted or recorded under circumstances where | 26 | | the use of the device is
necessary for the protection of the |
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| 1 | | law enforcement officer or any person
acting at the direction | 2 | | of law enforcement, in the course of an
investigation
of a | 3 | | forcible felony, a felony offense of involuntary servitude, | 4 | | involuntary sexual servitude of a minor, or trafficking in | 5 | | persons under Section 10-9 of this Code, an offense involving | 6 | | prostitution, solicitation of a sexual act, or pandering, a | 7 | | felony violation of the Illinois Controlled Substances
Act, a | 8 | | felony violation of the Cannabis Control Act, a felony | 9 | | violation of the Methamphetamine Control and Community | 10 | | Protection Act, any "streetgang
related" or "gang-related" | 11 | | felony as those terms are defined in the Illinois
Streetgang | 12 | | Terrorism Omnibus Prevention Act, or any felony offense | 13 | | involving any weapon listed in paragraphs (1) through (11) of | 14 | | subsection (a) of Section 24-1 of this Code.
Any recording or | 15 | | evidence derived
as the
result of this exemption shall be | 16 | | inadmissible in any proceeding, criminal,
civil or
| 17 | | administrative, except (i) where a party to the conversation | 18 | | suffers great
bodily injury or is killed during such | 19 | | conversation, or
(ii)
when used as direct impeachment of a | 20 | | witness concerning matters contained in
the interception or | 21 | | recording. The Director of the
Department of
State Police shall | 22 | | issue regulations as are necessary concerning the use of
| 23 | | devices, retention of tape recordings, and reports regarding | 24 | | their
use; | 25 | | (g-5) With approval of the State's Attorney of the county | 26 | | in
which it is to occur, recording or listening with the aid of |
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| 1 | | any device to any
conversation where a law enforcement officer, | 2 | | or any person acting at the
direction of law enforcement, is a | 3 | | party to the conversation and has consented
to it being | 4 | | intercepted or recorded in the course of an investigation of | 5 | | any
offense defined in Article 29D of this Code.
In all such | 6 | | cases, an application for an order approving
the previous or | 7 | | continuing use of an eavesdropping
device must be made within | 8 | | 48 hours of the commencement of
such use. In the absence of | 9 | | such an order, or upon its denial,
any continuing use shall | 10 | | immediately terminate.
The Director of
State Police shall issue | 11 | | rules as are necessary concerning the use of
devices, retention | 12 | | of tape recordings, and reports regarding their use. | 13 | | Any recording or evidence obtained or derived in the course | 14 | | of an
investigation of any offense defined in Article 29D of | 15 | | this Code shall, upon
motion of the State's Attorney or | 16 | | Attorney General prosecuting any violation of
Article 29D, be | 17 | | reviewed in camera with notice to all parties present by the
| 18 | | court presiding over the criminal
case, and, if ruled by the | 19 | | court to be relevant and otherwise admissible,
it shall be | 20 | | admissible at the trial of the criminal
case. | 21 | | This subsection (g-5) is inoperative on and after January | 22 | | 1, 2005.
No conversations recorded or monitored pursuant to | 23 | | this subsection (g-5)
shall be inadmissible in a court of law | 24 | | by virtue of the repeal of this
subsection (g-5) on January 1, | 25 | | 2005; | 26 | | (g-6) With approval of the State's Attorney of the county |
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| 1 | | in which it is to occur, recording or listening with the aid of | 2 | | any device to any conversation where a law enforcement officer, | 3 | | or any person acting at the direction of law enforcement, is a | 4 | | party to the conversation and has consented to it being | 5 | | intercepted or recorded in the course of an investigation of | 6 | | involuntary servitude, involuntary sexual servitude of a | 7 | | minor, trafficking in persons, child pornography, aggravated | 8 | | child pornography, indecent solicitation of a child, child | 9 | | abduction, luring of a minor, sexual exploitation of a child, | 10 | | predatory criminal sexual assault of a child, aggravated | 11 | | criminal sexual abuse in which the victim of the offense was at | 12 | | the time of the commission of the offense under 18 years of | 13 | | age, criminal sexual abuse by force or threat of force in which | 14 | | the victim of the offense was at the time of the commission of | 15 | | the offense under 18 years of age, or aggravated criminal | 16 | | sexual assault in which the victim of the offense was at the | 17 | | time of the commission of the offense under 18 years of age. In | 18 | | all such cases, an application for an order approving the | 19 | | previous or continuing use of an eavesdropping device must be | 20 | | made within 48 hours of the commencement of such use. In the | 21 | | absence of such an order, or upon its denial, any continuing | 22 | | use shall immediately terminate. The Director of State Police | 23 | | shall issue rules as are necessary concerning the use of | 24 | | devices, retention of recordings, and reports regarding their | 25 | | use.
Any recording or evidence obtained or derived in the | 26 | | course of an investigation of involuntary servitude, |
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| 1 | | involuntary sexual servitude of a minor, trafficking in | 2 | | persons, child pornography, aggravated child pornography, | 3 | | indecent solicitation of a child, child abduction, luring of a | 4 | | minor, sexual exploitation of a child, predatory criminal | 5 | | sexual assault of a child, aggravated criminal sexual abuse in | 6 | | which the victim of the offense was at the time of the | 7 | | commission of the offense under 18 years of age, criminal | 8 | | sexual abuse by force or threat of force in which the victim of | 9 | | the offense was at the time of the commission of the offense | 10 | | under 18 years of age, or aggravated criminal sexual assault in | 11 | | which the victim of the offense was at the time of the | 12 | | commission of the offense under 18 years of age shall, upon | 13 | | motion of the State's Attorney or Attorney General prosecuting | 14 | | any case involving involuntary servitude, involuntary sexual | 15 | | servitude of a minor, trafficking in persons, child | 16 | | pornography, aggravated child pornography, indecent | 17 | | solicitation of a child, child abduction, luring of a minor, | 18 | | sexual exploitation of a child, predatory criminal sexual | 19 | | assault of a child, aggravated criminal sexual abuse in which | 20 | | the victim of the offense was at the time of the commission of | 21 | | the offense under 18 years of age, criminal sexual abuse by | 22 | | force or threat of force in which the victim of the offense was | 23 | | at the time of the commission of the offense under 18 years of | 24 | | age, or aggravated criminal sexual assault in which the victim | 25 | | of the offense was at the time of the commission of the offense | 26 | | under 18 years of age, be reviewed in camera with notice to all |
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| 1 | | parties present by the court presiding over the criminal case, | 2 | | and, if ruled by the court to be relevant and otherwise | 3 | | admissible, it shall be admissible at the trial of the criminal | 4 | | case. Absent such a ruling, any such recording or evidence | 5 | | shall not be admissible at the trial of the criminal case; | 6 | | (h) Recordings made simultaneously with the use of an | 7 | | in-car video camera or officer-worn video camera recording of | 8 | | an oral
conversation between a uniformed peace officer, who has | 9 | | identified his or her office, and
a person in the presence of | 10 | | the peace officer whenever (i) an officer assigned a patrol | 11 | | vehicle is conducting an enforcement stop; or (ii) patrol | 12 | | vehicle emergency lights are activated or would otherwise be | 13 | | activated if not for the need to conceal the presence of law | 14 | | enforcement. | 15 | | For the purposes of this subsection (h), "enforcement stop" | 16 | | means an action by a law enforcement officer in relation to | 17 | | enforcement and investigation duties, including but not | 18 | | limited to, traffic stops, pedestrian stops, abandoned vehicle | 19 | | contacts, motorist assists, commercial motor vehicle stops, | 20 | | roadside safety checks, requests for identification, or | 21 | | responses to requests for emergency assistance; | 22 | | (h-5) Recordings of utterances made by a person while in | 23 | | the presence of a uniformed peace officer and while an occupant | 24 | | of a police vehicle including, but not limited to, (i) | 25 | | recordings made simultaneously with the use of an in-car video | 26 | | camera and (ii) recordings made in the presence of the peace |
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| 1 | | officer utilizing video or audio systems, or both, authorized | 2 | | by the law enforcement agency; | 3 | | (h-10) Recordings made simultaneously with a video camera | 4 | | recording during
the use of a taser or similar weapon or device | 5 | | by a peace officer if the weapon or device is equipped with | 6 | | such camera; | 7 | | (h-15) Recordings made under subsection (h), (h-5), or | 8 | | (h-10) shall be retained by the law enforcement agency that | 9 | | employs the peace officer who made the recordings for a storage | 10 | | period of 90 days, unless the recordings are made as a part of | 11 | | an arrest or the recordings are deemed evidence in any | 12 | | criminal, civil, or administrative proceeding and then the | 13 | | recordings must only be destroyed upon a final disposition and | 14 | | an order from the court. Under no circumstances shall any | 15 | | recording be altered or erased prior to the expiration of the | 16 | | designated storage period. Upon completion of the storage | 17 | | period, the recording medium may be erased and reissued for | 18 | | operational use; | 19 | | (i) Recording of a conversation made by or at the request | 20 | | of a person, not a
law enforcement officer or agent of a law | 21 | | enforcement officer, who is a party
to the conversation, under | 22 | | reasonable suspicion that another party to the
conversation is | 23 | | committing, is about to commit, or has committed a criminal
| 24 | | offense against the person or a member of his or her immediate | 25 | | household, and
there is reason to believe that evidence of the | 26 | | criminal offense may be
obtained by the recording; |
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| 1 | | (j) The use of a telephone monitoring device by either (1) | 2 | | a
corporation or other business entity engaged in marketing or | 3 | | opinion research
or (2) a corporation or other business entity | 4 | | engaged in telephone
solicitation, as
defined in this | 5 | | subsection, to record or listen to oral telephone solicitation
| 6 | | conversations or marketing or opinion research conversations | 7 | | by an employee of
the corporation or other business entity | 8 | | when: | 9 | | (i) the monitoring is used for the purpose of service | 10 | | quality control of
marketing or opinion research or | 11 | | telephone solicitation, the education or
training of | 12 | | employees or contractors
engaged in marketing or opinion | 13 | | research or telephone solicitation, or internal
research | 14 | | related to marketing or
opinion research or telephone
| 15 | | solicitation; and | 16 | | (ii) the monitoring is used with the consent of at | 17 | | least one person who
is an active party to the marketing or | 18 | | opinion research conversation or
telephone solicitation | 19 | | conversation being
monitored. | 20 | | No communication or conversation or any part, portion, or | 21 | | aspect of the
communication or conversation made, acquired, or | 22 | | obtained, directly or
indirectly,
under this exemption (j), may | 23 | | be, directly or indirectly, furnished to any law
enforcement | 24 | | officer, agency, or official for any purpose or used in any | 25 | | inquiry
or investigation, or used, directly or indirectly, in | 26 | | any administrative,
judicial, or other proceeding, or divulged |
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| 1 | | to any third party. | 2 | | When recording or listening authorized by this subsection | 3 | | (j) on telephone
lines used for marketing or opinion research | 4 | | or telephone solicitation purposes
results in recording or
| 5 | | listening to a conversation that does not relate to marketing | 6 | | or opinion
research or telephone solicitation; the
person | 7 | | recording or listening shall, immediately upon determining | 8 | | that the
conversation does not relate to marketing or opinion | 9 | | research or telephone
solicitation, terminate the recording
or | 10 | | listening and destroy any such recording as soon as is | 11 | | practicable. | 12 | | Business entities that use a telephone monitoring or | 13 | | telephone recording
system pursuant to this exemption (j) shall | 14 | | provide current and prospective
employees with notice that the | 15 | | monitoring or recordings may occur during the
course of their | 16 | | employment. The notice shall include prominent signage
| 17 | | notification within the workplace. | 18 | | Business entities that use a telephone monitoring or | 19 | | telephone recording
system pursuant to this exemption (j) shall | 20 | | provide their employees or agents
with access to personal-only | 21 | | telephone lines which may be pay telephones, that
are not | 22 | | subject to telephone monitoring or telephone recording. | 23 | | For the purposes of this subsection (j), "telephone | 24 | | solicitation" means a
communication through the use of a | 25 | | telephone by live operators: | 26 | | (i) soliciting the sale of goods or services; |
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| 1 | | (ii) receiving orders for the sale of goods or | 2 | | services; | 3 | | (iii) assisting in the use of goods or services; or | 4 | | (iv) engaging in the solicitation, administration, or | 5 | | collection of bank
or
retail credit accounts. | 6 | | For the purposes of this subsection (j), "marketing or | 7 | | opinion research"
means
a marketing or opinion research | 8 | | interview conducted by a live telephone
interviewer engaged by | 9 | | a corporation or other business entity whose principal
business | 10 | | is the design, conduct, and analysis of polls and surveys | 11 | | measuring
the
opinions, attitudes, and responses of | 12 | | respondents toward products and services,
or social or | 13 | | political issues, or both; | 14 | | (k) Electronic recordings, including but not limited to, a | 15 | | motion picture,
videotape, digital, or other visual or audio | 16 | | recording, made of a custodial
interrogation of an individual | 17 | | at a police station or other place of detention
by a law | 18 | | enforcement officer under Section 5-401.5 of the Juvenile Court | 19 | | Act of
1987 or Section 103-2.1 of the Code of Criminal | 20 | | Procedure of 1963; | 21 | | (l) Recording the interview or statement of any person when | 22 | | the person
knows that the interview is being conducted by a law | 23 | | enforcement officer or
prosecutor and the interview takes place | 24 | | at a police station that is currently
participating in the | 25 | | Custodial Interview Pilot Program established under the
| 26 | | Illinois Criminal Justice Information Act; |
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| 1 | | (m) An electronic recording, including but not limited to, | 2 | | a motion picture,
videotape, digital, or other visual or audio | 3 | | recording, made of the interior of a school bus while the | 4 | | school bus is being used in the transportation of students to | 5 | | and from school and school-sponsored activities, when the | 6 | | school board has adopted a policy authorizing such recording, | 7 | | notice of such recording policy is included in student | 8 | | handbooks and other documents including the policies of the | 9 | | school, notice of the policy regarding recording is provided to | 10 | | parents of students, and notice of such recording is clearly | 11 | | posted on the door of and inside the school bus.
| 12 | | Recordings made pursuant to this subsection (m) shall be | 13 | | confidential records and may only be used by school officials | 14 | | (or their designees) and law enforcement personnel for | 15 | | investigations, school disciplinary actions and hearings, | 16 | | proceedings under the Juvenile Court Act of 1987, and criminal | 17 | | prosecutions, related to incidents occurring in or around the | 18 | | school bus; | 19 | | (n)
Recording or listening to an audio transmission from a | 20 | | microphone placed by a person under the authority of a law | 21 | | enforcement agency inside a bait car surveillance vehicle while | 22 | | simultaneously capturing a photographic or video image; | 23 | | (o) The use of an eavesdropping camera or audio device | 24 | | during an ongoing hostage or barricade situation by a law | 25 | | enforcement officer or individual acting on behalf of a law | 26 | | enforcement officer when the use of such device is necessary to |
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| 1 | | protect the safety of the general public, hostages, or law | 2 | | enforcement officers or anyone acting on their behalf; | 3 | | (p) Recording or listening with the aid of any device to | 4 | | incoming telephone calls of phone lines publicly listed or | 5 | | advertised as the "CPS Violence Prevention Hotline", but only | 6 | | where the notice of recording is given at the beginning of each | 7 | | call as required by Section 34-21.8 of the School Code. The | 8 | | recordings may be retained only by the Chicago Police | 9 | | Department or other law enforcement authorities, and shall not | 10 | | be otherwise retained or disseminated; and | 11 | | (q)(1) With prior request to and verbal approval of the | 12 | | State's Attorney of the county in which the conversation is | 13 | | anticipated to occur, recording or listening with the aid of an | 14 | | eavesdropping device to a conversation in which a law | 15 | | enforcement officer, or any person acting at the direction of a | 16 | | law enforcement officer, is a party to the conversation and has | 17 | | consented to the conversation being intercepted or recorded in | 18 | | the course of an investigation of a drug offense. The State's | 19 | | Attorney may grant this verbal approval only after determining | 20 | | that reasonable cause exists to believe that a drug offense | 21 | | will be committed by a specified individual or individuals | 22 | | within a designated period of time. | 23 | | (2) Request for approval. To invoke the exception contained | 24 | | in this subsection (q), a law enforcement officer shall make a | 25 | | written or verbal request for approval to the appropriate | 26 | | State's Attorney. This request for approval shall include |
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| 1 | | whatever information is deemed necessary by the State's | 2 | | Attorney but shall include, at a minimum, the following | 3 | | information about each specified individual whom the law | 4 | | enforcement officer believes will commit a drug offense: | 5 | | (A) his or her full or partial name, nickname or alias; | 6 | | (B) a physical description; or | 7 | | (C) failing either (A) or (B) of this paragraph (2), | 8 | | any other supporting information known to the law | 9 | | enforcement officer at the time of the request that gives | 10 | | rise to reasonable cause to believe the individual will | 11 | | commit a drug offense. | 12 | | (3) Limitations on verbal approval. Each verbal approval by | 13 | | the State's Attorney under this subsection (q) shall be limited | 14 | | to: | 15 | | (A) a recording or interception conducted by a | 16 | | specified law enforcement officer or person acting at the | 17 | | direction of a law enforcement officer; | 18 | | (B) recording or intercepting conversations with the | 19 | | individuals specified in the request for approval, | 20 | | provided that the verbal approval shall be deemed to | 21 | | include the recording or intercepting of conversations | 22 | | with other individuals, unknown to the law enforcement | 23 | | officer at the time of the request for approval, who are | 24 | | acting in conjunction with or as co-conspirators with the | 25 | | individuals specified in the request for approval in the | 26 | | commission of a drug offense; |
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| 1 | | (C) a reasonable period of time but in no event longer | 2 | | than 24 consecutive hours. | 3 | | (4) Admissibility of evidence. No part of the contents of | 4 | | any wire, electronic, or oral communication that has been | 5 | | recorded or intercepted as a result of this exception may be | 6 | | received in evidence in any trial, hearing, or other proceeding | 7 | | in or before any court, grand jury, department, officer, | 8 | | agency, regulatory body, legislative committee, or other | 9 | | authority of this State, or a political subdivision of the | 10 | | State, other than in a prosecution of: | 11 | | (A) a drug offense; | 12 | | (B) a forcible felony committed directly in the course | 13 | | of the investigation of a drug offense for which verbal | 14 | | approval was given to record or intercept a conversation | 15 | | under this subsection (q); or | 16 | | (C) any other forcible felony committed while the | 17 | | recording or interception was approved in accordance with | 18 | | this Section (q), but for this specific category of | 19 | | prosecutions, only if the law enforcement officer or person | 20 | | acting at the direction of a law enforcement officer who | 21 | | has consented to the conversation being intercepted or | 22 | | recorded suffers great bodily injury or is killed during | 23 | | the commission of the charged forcible felony. | 24 | | (5) Compliance with the provisions of this subsection is a | 25 | | prerequisite to the admissibility in evidence of any part of | 26 | | the contents of any wire, electronic or oral communication that |
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| 1 | | has been intercepted as a result of this exception, but nothing | 2 | | in this subsection shall be deemed to prevent a court from | 3 | | otherwise excluding the evidence on any other ground, nor shall | 4 | | anything in this subsection be deemed to prevent a court from | 5 | | independently reviewing the admissibility of the evidence for | 6 | | compliance with the Fourth Amendment to the U.S. Constitution | 7 | | or with Article I, Section 6 of the Illinois Constitution. | 8 | | (6) Use of recordings or intercepts unrelated to drug | 9 | | offenses. Whenever any wire, electronic, or oral communication | 10 | | has been recorded or intercepted as a result of this exception | 11 | | that is not related to a drug offense or a forcible felony | 12 | | committed in the course of a drug offense, no part of the | 13 | | contents of the communication and evidence derived from the | 14 | | communication may be received in evidence in any trial, | 15 | | hearing, or other proceeding in or before any court, grand | 16 | | jury, department, officer, agency, regulatory body, | 17 | | legislative committee, or other authority of this State, or a | 18 | | political subdivision of the State, nor may it be publicly | 19 | | disclosed in any way. | 20 | | (7) Definitions. For the purposes of this subsection (q) | 21 | | only: | 22 | | "Drug offense" includes and is limited to a felony | 23 | | violation of one of the following: (A) the Illinois | 24 | | Controlled Substances Act, (B) the Cannabis Control Act, | 25 | | and (C) the Methamphetamine Control and Community | 26 | | Protection Act. |
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| 1 | | "Forcible felony" includes and is limited to those | 2 | | offenses contained in Section 2-8 of the Criminal Code of | 3 | | 1961 as of the effective date of this amendatory Act of the | 4 | | 97th General Assembly, and only as those offenses have been | 5 | | defined by law or judicial interpretation as of that date. | 6 | | "State's Attorney" includes and is limited to the | 7 | | State's Attorney or an assistant State's Attorney | 8 | | designated by the State's Attorney to provide verbal | 9 | | approval to record or intercept conversations under this | 10 | | subsection (q). | 11 | | (8) Sunset. This subsection (q) is inoperative on and after | 12 | | January 1, 2015. No conversations intercepted pursuant to this | 13 | | subsection (q), while operative, shall be inadmissible in a | 14 | | court of law by virtue of the inoperability of this subsection | 15 | | (q) on January 1, 2015. | 16 | | (Source: P.A. 96-425, eff. 8-13-09; 96-547, eff. 1-1-10; | 17 | | 96-643, eff. 1-1-10; 96-670, eff. 8-25-09; 96-1000, eff. | 18 | | 7-2-10; 96-1425, eff. 1-1-11; 96-1464, eff. 8-20-10; 97-333, | 19 | | eff. 8-12-11; 97-846, eff. 1-1-13; 97-897, eff. 1-1-13; revised | 20 | | 8-23-12.)
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