Bill S.2489

FILED ON: 1/29/2020

SENATE . . . . . . . . . . . . . . No. 2489

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act relative to individuals with intellectual or developmental disabilities.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. This act may be referred to as Katie's Law.

SECTION 2. Section 172C of chapter 6 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 5, the words “is mentally retarded” and inserting in place thereof the following words:- “has an intellectual or developmental disability”.

SECTION 3. Section 178C of said chapter 6, as so appearing, is hereby amended by striking out, in line 60 and in line 138, the words “mentally retarded person” and inserting in place thereof the following words:- “person with an intellectual or developmental disability”.

SECTION 4. Section 178K of said chapter 6, as so appearing, is hereby amended by striking out, in line 236, the words “the mentally retarded” and inserting in place thereof the following words:- “people with intellectual disabilities”; and by striking out, in line 259, the words “mentally retarded person” and inserting in place thereof the following words:- “person with an intellectual or developmental disability”.

SECTION 5. Section 22N of chapter 7 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in lines 13-14, the words “mental retardation” and inserting in place thereof the following words:- “developmental services”.

SECTION 6. Section 38 of chapter 10 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 9, the words “retarded children” and inserting in place thereof the following words:- “children with an intellectual disability”.

SECTION 7. Section 21 of chapter 19 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 16, the words "mentally retarded" and inserting in place thereof the following words:- "intellectually or developmentally disabled”.

SECTION 8. Section 7 of chapter 19B of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 2, the words “mental retardation”.

SECTION 9. Section 8 of said chapter 19B, as so appearing, is hereby amended by striking out, in line 3, the words “mental retardation”; and further amended by striking out, in lines 6-7, the words “the mentally retarded” and inserting in place thereof the following words:- “people with intellectual or developmental disabilities”.

SECTION 10. Section 2 of chapter 21H of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in lines 73-74, the word “retarded” and inserting in place thereof the following words:- “intellectually or developmentally disabled”.

SECTION 11. Section 47 of chapter 31 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in lines 32-33, the words “such mentally retarded person” and inserting in place thereof the following words:- “a person with an intellectual disability”.

SECTION 12. Clause (e) of subsection 1 of Section 1 of chapter 31A of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 24, the word “handicap” and inserting in place thereof the following word:- “disability”.

SECTION 13. Section 23 of chapter 32 of the General Laws, as amended by section 8 of chapter 86 of the acts of 2015, is hereby amended by striking out, in subsection (b) of paragraph (5), in line 418, the words “physical handicap” and inserting in place thereof the following word:- “disability”.

SECTION 14. Section 3 of chapter 38 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 21, the words “mental retardation” and inserting in place thereof the following words:- “developmental services”.

SECTION 15. Section 3 of chapter 71B of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in lines 175 and 217, the words “mental retardation” and inserting in place thereof, in each instance, the following words:- “developmental services”.

SECTION 16. Section 4 of chapter 92B of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 28, the words “physical handicap” and inserting in place thereof the following word:- “disability”.

SECTION 17. Subsection (a) of section 103 of chapter 93 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 2, the word “handicap” and inserting in place thereof the following word:- “disability”.

SECTION 18. Section 4O of chapter 111 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 24, the words “mental retardation” and inserting in place thereof the following words:- “developmental services”.

SECTION 19. Section 24E of said chapter 111 of the General Laws, as so

appearing, is hereby amended by striking out, in line 9, the word “handicap” and inserting in place thereof the following word:- “disability”.

SECTION 20. Section 62J of said chapter 111, as so appearing, is hereby amended by striking out, in line 14, the words “mental retardation” and inserting in place thereof the following words:- “intellectual or developmental disability”.

SECTION 21. Section 67E of said chapter 111, as so appearing, is hereby amended by striking out, in lines 40 to 41, the words “mental retardation” and inserting in place thereof the following words:- “intellectual disability”.

SECTION 22. Section 69E of said chapter 111, as so appearing, is hereby amended by striking out, in line 9, the words “mental retardation” and inserting in place thereof the following words:- “intellectual or developmental disability”.

SECTION 23. Section 71 of said chapter 111, as so appearing, is hereby amended by striking out, in lines 10, 24-25, 80, 92, 137, 183, 186 and 226, the words “the mentally retarded” and inserting in place thereof, in each instance, the following words:- “persons with intellectual disabilities”; and further amended by inserting after the word “mental”, in line 192, the word:- “health”.

SECTION 24. Section 72 of said chapter 111, as so appearing, is hereby amended by striking out, in lines 3-4, the words “the mentally retarded” and inserting in place thereof the following words:- “persons with intellectual disabilities”; and further amended by striking out, in line 17, the words “mentally retarded and”.

SECTION 25. Section 72Y of said chapter 111, as so appearing, is hereby amended by striking out, in lines 11-12, the word “retarded” and inserting in place thereof the following words:- “persons with intellectual or developmental disabilities”.

SECTION 26. Section 193 of said chapter 111, is hereby amended by striking out, in lines 12-13, the words “or retarded”.

SECTION 27. Section 23 of chapter 119 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in lines 49-50, the words “mental retardation” and inserting in place thereof the following words:- “intellectual or developmental disabilities”.

SECTION 28. Section 38A of chapter 121B of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 31, the words “mental retardation” and inserting in place thereof the following words:- “intellectual or developmental disabilities”.

SECTION 29. Section 1 of chapter 122 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 11, the words “mental retardation” and inserting in place thereof the following:- “intellectual or developmental disability”.

SECTION 30. Section 14 of said chapter 122, as so appearing, is hereby amended by striking out, in lines 3-4, the words “mental retardation” and inserting in place thereof the following words:- “intellectual or developmental disability”.

SECTION 31. Section 1 of chapter 123A of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in lines 45-46, the words “mentally retarded person” and inserting in place thereof the following words:- “person with an intellectual or developmental disability”.

SECTION 32. Chapter 123B of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out the title and inserting in place thereof the following title:- “Developmental Services” and further amended in Section 3 by striking out, in line 5, the phrase “the mentally retarded” and inserting in place thereof the following:- “persons with intellectual disabilities”.

SECTION 33. Section 133E of chapter 127 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 14, the words “mentally retarded person” and inserting in place thereof the following words:- “person with an intellectual or developmental disability”.

SECTION 34. Said section 13 of chapter 131 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in lines 49-50, the words “mentally retarded” and inserting in place thereof, in each instance, the following words:- “intellectually or developmentally disabled”.

SECTION 35. Section 30A of chapter 149 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 22, the words “mental retardation” and inserting in place thereof the following words:- “developmental services”.

SECTION 36. Section 28 of chapter 152 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in lines 13-14, the words “mentally retarded persons” and inserting in place thereof the following words:- “persons with intellectual or developmental disabilities”.

SECTION 37. Subsection(a) of section 5 of chapter 161A of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 11, the word “handicap” and inserting in place thereof the following word:- “disability”.

SECTION 38. Section 25 of said chapter 161A, as so appearing, is hereby amended by striking out, in lines 22-23, the words “handicapping condition” and inserting in place thereof the following words:- “disability”.

SECTION 39. Section 120A of chapter 175 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 3, the words “mental retardation” and inserting in place thereof, in each instance, the following words:- “intellectual or developmental disability”.

SECTION 40. Section 17A of chapter 186 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 72, the words “mentally retarded persons” and inserting in place thereof the following words:- “persons with an intellectual or developmental disability”.

SECTION 41. Section 5-101 of chapter 190B of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out paragraph (12).

SECTION 42. Section 5-304 of said chapter 190B, as so appearing, is hereby amended by striking out, in line 16, the words “mentally retarded” and inserting in place thereof the following words:- “intellectually or developmentally disabled”.

SECTION 43. Section 5-309 of said chapter 190B, as so appearing, is hereby

amended by striking out, in line 57, the words “mental retardation” and inserting in place thereof the following words:-“developmental services.”

SECTION 44. Section 32 of chapter 209 of the General Laws, of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 6, the words “mental retardation” and inserting in place thereof the following words:- “intellectual disability.”

SECTION 45. Section 85V of chapter 231 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 24, the words “mentally retarded” and inserting in place thereof the following words:- “persons with intellectual or developmental disabilities.”

SECTION 46. Section 23E of chapter 233 of the General Laws, of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in lines 36 and 50, the words “mental retardation” and inserting in place thereof, in each instance, the following words:- “an intellectual disability”.

SECTION 47. Section 5B of chapter 260 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 5, the word “handicap” and inserting in place thereof the following word:- “disability”.

SECTION 48. Section 13F of chapter 265 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in lines 2, 3, 12-16, the words “an intellectual disability” and inserting in place thereof, in each instance, the following words:- “an intellectual or developmental disability”; and further amended by striking out, in lines 21-22, the words “mentally retarded” and inserting in place thereof, in each instance, the following words:- “person with an intellectual or developmental disability”.

SECTION 49. Section 45 of said chapter 265, as so appearing, is hereby amended by striking out, in line 3, the words “mentally retarded person” and inserting in place thereof the following words:- “person with an intellectual or developmental disability”.

SECTION 50. Section 7 of chapter 268A of the General Laws, as appearing in the 2018 Official Edition, is thereby amended by striking out, in line 66, the words “mentally retarded” and inserting in place thereof the following words:- “intellectually or developmentally disabled”.