NY State Senate Bill 2021-S1211A

Senate Bill S1211A

2021-2022 Legislative Session

Establishes an electronic monitoring program for children diagnosed with developmental disabilities

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Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 09, 2022	print number 1211a
May 09, 2022	amend (t) and recommit to health
Jan 05, 2022	referred to health
Jan 08, 2021	referred to health

Bill Amendments

Original

A (Active)

2021-S1211 - Details

See Assembly Version of this Bill:: A6071
Current Committee:: Senate Health
Law Section:: Mental Hygiene Law
Laws Affected:: Add §13.44, Ment Hyg L; amd §837, Exec L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7491, A9976
2015-2016: S3288, A1203
2017-2018: S1629, A5398
2019-2020: S3680, A2833
2023-2024: S61

2021-S1211 - Summary

Relates to establishing an electronic monitoring program for children diagnosed with developmental disabilities.

2021-S1211 - Sponsor Memo

                                
 
BILL NUMBER: S1211

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the public health law and the executive law, in relation
to establishing an electronic monitoring program for children diagnosed
with an autism spectrum disorder as well as other developmental disabil-
ities

 
PURPOSE OR GENERAL IDEA OF BILL:

To create a state-wide program to provide parents of children with an
autism spectrum disorder or other developmental disability with elec-
tronic monitoring devices that can geographically locate such children.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends the public health law by adding a new
section 2509 to establish an electronic monitoring program for children
with autism or other developmental disabilities.

Section two amends executive law section 837 by adding a new subdivision
22 to provide that the division of criminal justice in cooperation with
the department of health shall make recommendations to law enforcement
agencies regarding the risks associated with autism or other develop-
mental disabilities and appropriate response techniques concerning such
disabilities including utilization of electronic monitoring devices to
locate such children.

Section 3 is the effective date.

 
JUSTIFICATION:

According to the Academy of Pediatrics, almost half of all children with
autism have run away from home or gone missing at least once before the
age of 17. In addition to the quantity of these cases, the nature of
missing children cases are ranked by law enforcement to be among the
most difficult to handle largely due to the tactics used by investi-
gators to find the children; search dogs, sirens, and yelling the
child's name which are often frightening for autistic children.  There
needs to be a tailored and effective approach for finding children with
autism when they are missing. Further, the current GPS tracking devices
that some autistic children wear often do not have a range large enough
to accommodate the long distances that these children might travel.

On January 21st, 2014 the parents of Avonte Oquendo heard the news that
no parent should ever have to hear that their child had died.  Avonte, a
14 year old boy wandered out of his Queens school in October of 2013.
The family, community and the NYPD conducted an exhaustive search for
months to no avail. Unfortunately, events like these are all too common
and the parents of children with autism know it. That is why Avonte's
mother sent a note to his school warning them of Avonte's tendency to
run.

In May 2014 in Arizona 16 year old David McArthur who like Avonte is
autistic wandered away from school, fortunately David was found safe at
2:30 pm on December 10, 2014, Jose Leon left his yonkers school, but did
not get on the bus to go home. Jose was found at 4:30 am the next day in
Dobbs ferry. On the night of December 10, the temperatures were almost
at the freezing point. while jose returned to school two days later, if
he had not been found, he could have died in the cold.

On February 2, 2015, a 10-year-old girl in independence, Missouri
wandered into single-digit degree weather before while her mother was
sleeping. She was found early in the morning outside without shoes or
socks. the mother told reporters that her daughter has left the house
unattended several times before.

In January 2016, Kyle Hoffmaier left his parents' home in Kips Bay,
Manhattan after quarrelling with his parents. The new york post reported
that "small army - including active and retired firefighters, members of
the guardian angels, friends and family" searched for Kyle. He was found
in good health 5 days later in forest hills, queens and reunited with
his family.

The many instances of autistic and developmentally disabled children who
wander off clearly demonstrate the need for electronic monitoring. time
is a critical factor in safely locating children with disabilities with
a tendency to wander. This bill establishes a voluntary program that
would provide parents of children with developmental disabilities with
electronic monitoring devices to be worn by their children and paired
with a receiver given to the parents. If a child wanders this device
would help the parents and police to locate the child in an efficient
and timely fashion.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: S3680 referred to Health; Same as A2833 (Abinanti) referred
to health;

2017-18: A5398A referred to health; same as S1629A (Golden) referred to
health;

2016: A1203A referred to health; same as S3288A passed Senate;

2014: A9976 referred to health; same as S7491 (Golden) referred to
health

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect one hundred and twenty days after it shall
have become law.

2021-S1211 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1211
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2021
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law and the executive law, in relation
   to establishing an electronic monitoring program  for  children  diag-
   nosed  with an autism spectrum disorder as well as other developmental
   disabilities

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 2509-b to read as follows:
   § 2509-B. ELECTRONIC MONITORING FOR CHILDREN WITH DEVELOPMENTAL  DISA-
 BILITIES.  1. FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A) "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF HEALTH;
   (B) "CHILD" SHALL MEAN A PERSON UNDER THE AGE OF EIGHTEEN YEARS;
   (C) "ELIGIBLE APPLICANT" SHALL MEAN  THE  PARENT,  LEGAL  GUARDIAN  OR
 CUSTODIAN  OF A CHILD WHO HAS BEEN DIAGNOSED BY A PHYSICIAN AS HAVING AN
 AUTISM SPECTRUM DISORDER AS DETERMINED BY SECTION TWENTY-FIVE  HUNDRED-J
 OF THIS TITLE OR OTHER DEVELOPMENTAL DISABILITY;
   (D)  "AUTHORIZED FAMILY MEMBER" SHALL MEAN A DESIGNATED PARENT, GRAND-
 PARENT, SIBLING OLDER THAN THE AGE OF EIGHTEEN, LEGAL GUARDIAN OR CUSTO-
 DIAN WHO IS AUTHORIZED TO USE A RECEIVING DEVICE THAT IS ABLE  TO  TRACK
 THE  GEOGRAPHIC  LOCATION OF AN ELECTRONIC MONITORING DEVICE. SUCH INDI-
 VIDUALS SHALL BE LISTED ON THE APPLICATION SUBMITTED TO THE  DEPARTMENT;
 AND
   (E)  "ELECTRONIC MONITORING DEVICE" SHALL MEAN ANY RADIO, GLOBAL POSI-
 TIONING SYSTEM, CELLULAR DEVICE OR ANY OTHER SATELLITE-BASED  MONITORING
 DEVICE  THAT  CAN PROVIDE CONTINUOUS TRACKING OF THE GEOGRAPHIC LOCATION
 OF CHILDREN AND AN AUTOMATED MONITORING SYSTEM THAT CAN BE  USED  BY  AN
 APPROPRIATE LAW ENFORCEMENT AGENCY AT THE REQUEST OF AN AUTHORIZED FAMI-
 LY MEMBER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01443-01-1

 S. 1211                             2
 
   2.  THE  COMMISSIONER  SHALL ESTABLISH A PROGRAM TO PROVIDE ELECTRONIC
 MONITORING DEVICES TO AN ELIGIBLE APPLICANT FOR  THE  PURPOSE  OF  BEING
 ABLE TO GEOGRAPHICALLY LOCATE A CHILD UPON CIRCUMSTANCES WHERE THE CHILD
 IS  UNABLE  TO  BE  ACCOUNTED FOR. THE PROGRAM SHALL FACILITATE THE SAFE
 RECOVERY  OF  CHILDREN  DIAGNOSED  WITH  AN  AUTISM SPECTRUM DISORDER OR
 ANOTHER DEVELOPMENTAL DISABILITY WHO ARE MISSING OR ABDUCTED.
   3. THE PROGRAM SHALL BE VOLUNTARY AND THE FOLLOWING PROCEDURE SHALL BE
 USED FOR THE ADMINISTRATION OF THE PROGRAM:
   (A) AN ELIGIBLE APPLICANT MAY FILE AN APPLICATION WITH THE  DEPARTMENT
 TO BE GRANTED ACCESS TO THE PROGRAM;
   (B) UPON FILING THE APPLICATION, AN ELIGIBLE APPLICANT SHALL BE ISSUED
 AN  ELECTRONIC  MONITORING  DEVICE  THAT MAY BE WORN BY THE CHILD, AND A
 RECEIVER THAT MAY BE USED TO TRACK THE PHYSICAL LOCATION OF THE CHILD;
   (C) IF A CHILD IS MISSING AN AUTHORIZED FAMILY MEMBER  MAY  COORDINATE
 WITH THE APPROPRIATE LAW ENFORCEMENT AGENCY AND INFORM THE AGENCY OF THE
 LOCATION OF THE CHILD USING THE ELECTRONIC MONITORING DEVICE AND RECEIV-
 ER; AND
   (D) ALL APPLICANT INFORMATION PROVIDED BY THE PARENT TO THE DEPARTMENT
 SHALL  REMAIN  CONFIDENTIAL AND NOT BE DIVULGED BY THE DEPARTMENT EXCEPT
 IN CASES WHERE THE AUTHORIZED FAMILY MEMBER  SIGNS  A  SEPARATE  CONSENT
 FORM PROVIDING THAT ANY PERSONALLY IDENTIFIABLE INFORMATION ON THE CHILD
 MAY ONLY BE RELEASED IN THE EVENT THAT AN AUTHORIZED FAMILY MEMBER SEEKS
 LAW ENFORCEMENT ACTION TO FIND THE LOCATION OF A MISSING CHILD.
   4.  TO  THE  EXTENT  POSSIBLE,  THE COMMISSIONER SHALL UTILIZE MUNICI-
 PALITIES AND OTHER  ORGANIZATIONS  WHICH  CURRENTLY  PROVIDE  ELECTRONIC
 MONITORING  DEVICES  FOR  THE  PURPOSES  OF BEING ABLE TO GEOGRAPHICALLY
 TRACK CHILDREN WHO HAVE AN AUTISM SPECTRUM DISORDER  OR  OTHER  DEVELOP-
 MENTAL DISABILITY.
   §  2.  Section  837  of  the  executive law is amended by adding a new
 subdivision 23 to read as follows:
   23. THE DIVISION, IN COOPERATION WITH THE DEPARTMENT OF HEALTH,  SHALL
 PROVIDE  RECOMMENDATIONS TO LAW ENFORCEMENT AGENCIES REGARDING THE RISKS
 ASSOCIATED WITH AUTISM OR OTHER DEVELOPMENTAL DISABILITIES AND APPROPRI-
 ATE RESPONSE TECHNIQUES CONCERNING  SUCH  DISABILITIES.  RECOMMENDATIONS
 SHALL  INCLUDE  INFORMATION  PERTAINING TO THE UTILIZATION OF ELECTRONIC
 MONITORING DEVICES TO DETERMINE THE LOCATION OF CHILDREN DIAGNOSED  WITH
 AUTISM OR OTHER DEVELOPMENTAL DISABILITIES.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.

2021-S1211A (ACTIVE) - Details

See Assembly Version of this Bill:: A6071
Current Committee:: Senate Health
Law Section:: Mental Hygiene Law
Laws Affected:: Add §13.44, Ment Hyg L; amd §837, Exec L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7491, A9976
2015-2016: S3288, A1203
2017-2018: S1629, A5398
2019-2020: S3680, A2833
2023-2024: S61

2021-S1211A (ACTIVE) - Summary

Relates to establishing an electronic monitoring program for children diagnosed with developmental disabilities.

2021-S1211A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1211A

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the mental hygiene law and the executive law, in
relation to establishing an electronic monitoring program for children
diagnosed with developmental disabilities

 
PURPOSE OR GENERAL IDEA OF BILL:

To create a state-wide program to provide parents of children with an
autism spectrum disorder or other developmental disability with elec-
tronic monitoring devices that can geographically locate such children.

 
SUMMARY OF PROVISIONS:

This bill would require the Office for People with Developmental Disa-
bilities (OPWDD) in consultation with Division of Criminal Justice
Services (DCJS) to establish a voluntary electronic monitoring program
for children who have been diagnosed due with a developmental disabili-
ty. The electronic monitoring program would allow parents and other

legal guardians to receive the geographic location of their child when
they are lost, missing or otherwise unaccounted for and they may provide
that information to law enforcement to help locate the child.

Finally, this bill would require DCJS in conjunction with OPWDD to
provide recommendations to law enforcement agencies about appropriate
response techniques when interacting with individuals with disabilities.

 
JUSTIFICATION:

According to the Academy of Pediatrics, almost half of all children with
autism have run away from home or gone missing at least once before the
age of 17. In addition to the quantity of these cases, the nature of
missing children cases is ranked by law enforcement to be among the most
difficult to handle largely due to the tactics used by investigators to
find the children; search dogs, sirens, and yelling the child's name
which are often frightening for autistic children.  There needs to be a
tailored and effective approach for finding children with autism when
they are missing. Further, the current GPS tracking devices that some
autistic children wear often do not have a range. large enough to accom-
modate the long distances that these children might travel.

On January 21st, 2014 the parents of Avonte Oquendo heard the news that
no parents should ever have to hear, that their child had died.  Avonte,
a 14-year-old boy wandered out of his Queens school in October of 2013.
The family, community and the NYPD conducted an exhaustive search for
months to no avail. Unfortunately, events like these are all too common
and the parents of children with autism know it. That is why Avonte's
mother sent a note to his school warning them of Avonte's tendency to
run.

In May 2014 in Arizona 16-year-old David McArthur who like Avonte is
autistic wandered away from school, fortunately David was found safe.
At 2:30 PM on December 10, 2014, Jose Leon left his Yonkers school, but
did not get on the bus to go home. Jose was found at 4:30 AM the next
day in Dobbs Ferry. On the night of December 10, the temperatures were

almost at the freezing point. While Jose returned to school two days
later, if he had not been found, he could have died in the cold.

On February 2, 2015, a 10-year-old girl in Independence, Missouri
wandered into single-digit degree weather before while her mother was
sleeping. She was found early in the morning outside without shoes or
socks. The mother told reporters that her daughter has left the house
unattended several times before.

In January 2016, Kyle Hoffmaier left his parents' home in Kips Bay,
Manhattan after quarrelling with his parents. The New York Post reported
that "small army - including active and retired firefighters, members of
the Guardian Angels, friends and family" searched for Kyle. He was found
in good health 5 days later in Forest Hills, Queens and reunited with
his family.

The many instances of autistic and developmentally disabled children who
wander off clearly demonstrate the need for electronic monitoring. Time
is a critical factor in safely locating children with disabilities with
a tendency to wander. This bill establishes a voluntary program that
would provide parents of children with developmental disabilities with
electronic monitoring devices to be worn by their children and paired
with a receiver given to the parents. If a child wanders this device
would help the parents and police to locate the child in an efficient
and timely fashion.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: A6071 referred to people with disabilities; same as S1211
(Harckham);

2019-20: A2833 referred to mental health; same as S3680 (Harckham)
referred to health;

2017-18: A5398A referred to health; same as S1629A (Golden) referred to
health;

2016: A1203A referred to health; same as S3288A passed Senate;

2014: A9976 referred to health; same as S7491 (Golden) referred to
health

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect one hundred and twenty days after it shall
have become law.

2021-S1211A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1211--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2021
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health --  recommitted  to
   the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN  ACT  to  amend  the  mental  hygiene  law  and the executive law, in
   relation to establishing an electronic monitoring program for children
   diagnosed with developmental disabilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The mental hygiene law is amended by adding a new section
 13.44 to read as follows:
 § 13.44 ELECTRONIC MONITORING FOR CHILDREN WITH DEVELOPMENTAL  DISABILI-
           TIES.
   1. FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A)  "ELIGIBLE APPLICANT" SHALL MEAN A DESIGNATED PARENT, GRANDPARENT,
 ADULT SIBLING, OR OTHERWISE QUALIFIED PERSON AS  DEFINED  UNDER  SECTION
 33.16  OF THIS CHAPTER, OF A CHILD WHO HAS BEEN DIAGNOSED BY A PHYSICIAN
 AS AN INDIVIDUAL WITH A DEVELOPMENTAL DISABILITY AS DEFINED  BY  SECTION
 1.03 OF THIS CHAPTER.
   (B)  "ELECTRONIC MONITORING DEVICE" SHALL MEAN ANY RADIO, GLOBAL POSI-
 TIONING SYSTEM, CELLULAR DEVICE OR ANY OTHER SATELLITE-BASED  MONITORING
 DEVICE  THAT  CAN PROVIDE CONTINUOUS TRACKING OF THE GEOGRAPHIC LOCATION
 OF CHILDREN AND AN AUTOMATED MONITORING SYSTEM THAT CAN BE  USED  BY  AN
 APPROPRIATE  LAW ENFORCEMENT AGENCY AT THE REQUEST OF AN ELIGIBLE APPLI-
 CANT.
   2. THE COMMISSIONER, IN CONSULTATION  WITH  THE  COMMISSIONER  OF  THE
 DIVISION  OF  CRIMINAL  JUSTICE  SERVICES,  SHALL  ESTABLISH A VOLUNTARY
 PROGRAM TO PROVIDE ELECTRONIC MONITORING DEVICES TO AN  ELIGIBLE  APPLI-
 CANT FOR THE PURPOSE OF BEING ABLE TO GEOGRAPHICALLY LOCATE A CHILD UPON
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01443-03-2

 S. 1211--A                          2
 
 CIRCUMSTANCES WHERE THE CHILD IS LOST, MISSING OR OTHERWISE UNABLE TO BE
 ACCOUNTED FOR.
   3. (A) UPON THE REQUEST OF AN ELIGIBLE APPLICANT, THE NONPROFIT ORGAN-
 IZATION  OR LOCAL GOVERNMENTAL UNIT SHALL ISSUE SUCH ELECTRONIC MONITOR-
 ING DEVICE IN ACCORDANCE WITH  ELIGIBILITY  AND  DOCUMENTATION  CRITERIA
 ESTABLISHED  BY THE OFFICE FOR A FEE TO BE DETERMINED BY THE COMMISSION-
 ER. AT A MINIMUM, SUCH  ELIGIBILITY  AND  DOCUMENTATION  CRITERIA  SHALL
 REQUIRE  THE  ACTIVE  INVOLVEMENT  OF  THE CHILD WHEN SUCH CHILD HAS THE
 CAPACITY TO MAKE AN INFORMED DECISION, FOR THE  PURPOSE  OF  DETERMINING
 THE  CHILD'S  WILLINGNESS TO PARTICIPATE IN THE VOLUNTARY PROGRAM ESTAB-
 LISHED UNDER THIS SECTION.
   (B) IF A CHILD IS LOST, MISSING OR OTHERWISE UNABLE  TO  BE  ACCOUNTED
 FOR,  AN  ELIGIBLE  APPLICANT  MAY  COORDINATE  WITH THE APPROPRIATE LAW
 ENFORCEMENT AGENCY AND INFORM THE AGENCY OF THE LOCATION  OF  THE  CHILD
 USING THE ELECTRONIC MONITORING DEVICE AND RECEIVER.
   (C)  ALL APPLICANT INFORMATION PROVIDED BY THE PARENT TO THE OFFICE OR
 THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL REMAIN CONFIDENTIAL  AND
 NOT  BE  DIVULGED  BY  THE  OFFICE  OR  THE DIVISION OF CRIMINAL JUSTICE
 SERVICES EXCEPT IN CASES WHERE THE ELIGIBLE APPLICANT SIGNS  A  SEPARATE
 CONSENT  FORM  PROVIDING THAT ANY PERSONALLY IDENTIFIABLE INFORMATION ON
 THE CHILD MAY ONLY BE RELEASED IN THE EVENT THAT AN  ELIGIBLE  APPLICANT
 SEEKS  LAW  ENFORCEMENT  ACTION  TO  FIND THE LOCATION OF A CHILD WHO IS
 LOST, MISSING OR OTHERWISE UNABLE TO BE ACCOUNTED FOR.
   4. TO THE EXTENT PRACTICABLE, THE  COMMISSIONER  SHALL  UTILIZE  LOCAL
 GOVERNMENTAL  UNITS  OR  NONPROFIT ORGANIZATIONS WHICH CURRENTLY PROVIDE
 ELECTRONIC  MONITORING  DEVICES  FOR  THE  PURPOSES  OF  BEING  ABLE  TO
 GEOGRAPHICALLY  TRACK  CHILDREN  WHO HAVE AN DEVELOPMENTAL DISABILITY AS
 DEFINED IN SECTION 1.03 OF THIS CHAPTER.
   § 2. Section 837 of the executive law  is  amended  by  adding  a  new
 subdivision 23 to read as follows:
   23.  THE  DIVISION,  IN  COOPERATION  WITH  THE OFFICE FOR PEOPLE WITH
 DEVELOPMENTAL  DISABILITIES,  SHALL  PROVIDE  RECOMMENDATIONS   TO   LAW
 ENFORCEMENT  AGENCIES  REGARDING THE RISKS ASSOCIATED WITH DEVELOPMENTAL
 DISABILITIES AS DEFINED IN SECTION 1.03 OF THE MENTAL  HYGIENE  LAW  AND
 APPROPRIATE  RESPONSE TECHNIQUES CONCERNING SUCH DISABILITIES. RECOMMEN-
 DATIONS SHALL INCLUDE INFORMATION PERTAINING TO THE UTILIZATION OF ELEC-
 TRONIC MONITORING DEVICES TO DETERMINE THE LOCATION  OF  CHILDREN  DIAG-
 NOSED WITH DEVELOPMENTAL DISABILITIES.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.

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