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| PRIOR PRINTER'S NO. 41 | PRINTER'S NO. 753 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY PICCOLA, BROWNE, RAFFERTY, TOMLINSON, ORIE, YAW, O'PAKE, WOZNIAK AND WONDERLING, JANUARY 20, 2009 |
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| SENATOR PICCOLA, EDUCATION, AS AMENDED, MARCH 24, 2009 |
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| AN ACT |
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1 | Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An |
2 | act relating to the public school system, including certain |
3 | provisions applicable as well to private and parochial |
4 | schools; amending, revising, consolidating and changing the |
5 | laws relating thereto," further providing, in provisions |
6 | relating to safe schools, for definitions, for the Office for |
7 | Safe Schools and for reporting by school entities. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. Section 1301-A of the act of March 10, 1949 (P.L. |
11 | 30, No.14), known as the Public School Code of 1949, added June |
12 | 30, 1995 (P.L.220, No.26), is amended to read: |
13 | Section 1301-A. Definitions.--As used in this article, |
14 | "Chief school administrator" shall mean the superintendent of |
15 | a public school district, superintendent of an area vocational- |
16 | technical school, executive director of an intermediate unit or |
17 | chief executive officer of a charter school. |
18 | "Commission" shall mean the Pennsylvania Commission on Crime | <-- |
19 | and Delinquency. |
20 | "Office" shall mean the Office for Safe Schools. |
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1 | "School entity" shall mean any public school district, |
2 | intermediate unit [or], area vocational-technical school or |
3 | charter school. |
4 | "School property" shall mean any public school grounds, any |
5 | school-sponsored activity or any conveyance providing |
6 | transportation to a school entity or school-sponsored activity. |
7 | "Weapon" shall include, but not be limited to, any knife, |
8 | cutting instrument, cutting tool, nunchaku, firearm, shotgun, |
9 | rifle and any other tool, instrument or implement capable of |
10 | inflicting serious bodily injury. |
11 | Section 2. Section 1302-A(b)1302-A of the act, amended or | <-- |
12 | added June 30, 1995 (P.L.220, No.26) and July 9, 2008 (P.L.846, | <-- |
13 | No.61), is amended to read: |
14 | Section 1302-A. Office for Safe Schools.--* * *[(a) There | <-- |
15 | is hereby established in the Department of Education an Office |
16 | for Safe Schools.](a.1) The Department of Education and the |
17 | commission shall jointly establish an Office for Safe Schools |
18 | within one hundred twenty (120) days of the effective date of |
19 | this subsection. |
20 | (b) The [office shall have the following powers and | <-- |
21 | duties]Department of Education and the commission shall have the | <-- |
22 | power and duty to implement the following: |
23 | (1) To coordinate antiviolence efforts between school, |
24 | professional, parental, governmental, law enforcement and |
25 | community organizations and associations. |
26 | (2) To collect, develop and disseminate information, |
27 | policies, strategies and other information to assist in the |
28 | development of programs to impact school violence. |
29 | (2.1) To direct all school entities to submit semiannual | <-- |
30 | school violence statistics and reports to the office no later |
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1 | than forty-five (45) days after the last day of each six-month |
2 | period. This clause shall apply beginning July 1, 2009. The |
3 | initial report following the effective date of this clause shall |
4 | be due no later than forty-five (45) days after January 1, 2010. |
5 | Thereafter reports shall be due forty-five (45) days after each |
6 | six-month period has elapsed. |
7 | (3) To provide direct training to school employes, parents, |
8 | law enforcement officials and communities on effective measures |
9 | to prevent and combat school violence. | <-- |
10 | (4) To advise school entities and nonpublic schools on the |
11 | development of policies to be used regarding possession of |
12 | weapons by any person, acts of violence and protocols for |
13 | coordination with and reporting to law enforcement officials, | <-- |
14 | the commission and the Department of Education. |
15 | (4.1) To provide technical assistance to schools with | <-- |
16 | persistently dangerous incidents as defined in 22 Pa. Code § |
17 | 403.2 (relating to definitions) and to verify the existence of |
18 | and oversee the implementation of corrective action plans to |
19 | reduce incidents of violence as required in the No Child Left |
20 | Behind Act of 2001 (Public Law 107-110, 115 Stat. 1425). |
21 | (5) To develop forms and a model memorandum of understanding | <-- |
22 | to be used by school entities and police departments for |
23 | reporting incidents involving acts of violence and possession of |
24 | weapons on school property. |
25 | (6) To convene an advisory committee which shall include a | <-- |
26 | police chief, school superintendent, school principal, district |
27 | attorney, solicitor of a school district and an in-school |
28 | probation officer to develop the forms required under clause |
29 | (5). The advisory committee shall be convened no later than |
30 | sixty (60) days after the effective date of this clause. |
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1 | * * * |
2 | (6) To convene a Statewide advisory committee which shall | <-- |
3 | develop the forms and model memorandum of understanding required |
4 | under clause (5) and to make recommendations to the office on |
5 | training procedures and programs as required under clause (3). |
6 | The committee shall include a police chief, school |
7 | superintendent, school principal, district attorney, solicitor |
8 | of a school district, special education supervisor, special |
9 | education advocate and in-school probation officer and one |
10 | designee from the Department of Education, the commission, the |
11 | Municipal Police Officers' Education and Training Commission, |
12 | the Juvenile Court Judges' Commission and the Pennsylvania State |
13 | Police. Members of the committee shall be selected to be |
14 | representative of the rural, suburban and urban school entities |
15 | of this Commonwealth. The advisory committee shall be convened |
16 | no later than sixty (60) days after the effective date of this |
17 | clause and shall meet regularly to fulfill the requirements of |
18 | this clause. |
19 | (7) To verify that each school entity has a biennually |
20 | updated and reexecuted a memorandum of understanding with local |
21 | law enforcement and has filed such memorandum with the office on |
22 | a biEnnual basis. |
23 | (8) To publish and post on the Department of Education's |
24 | Internet website a School Safety Annual Report no later than |
25 | November 1 of each calendar year outlining all incidents |
26 | required to be reported under section 1303-A and the action |
27 | taken by the office to implement its mandates under this |
28 | section. |
29 | (B.1) The commission shall verify and ensure the timeliness, |
30 | accuracy, completeness and consistency of the data submitted |
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1 | semiannually by school entities and the safe schools advocate in |
2 | school districts of the first class. The commission shall also |
3 | process, tabulate, analyze and interpret the data on a |
4 | semiannual basis to assist school administrators and law |
5 | enforcement officials in their duties under this article. |
6 | (C) In addition to the powers and duties set forth under |
7 | subsection (a), the [office] commission is authorized to make |
8 | targeted grants to schools to fund programs which address school |
9 | violence[, including]. The commission shall award at a minimum |
10 | fifty per centum (50%) of the targeted grants to the highest |
11 | risk schools based upon incidents of violence and number of |
12 | arrests and the remainder to school entities that can |
13 | demonstrate the need for grants, which shall include, but not be |
14 | limited to, the following programs: |
15 | (1) Conflict resolution or dispute management, including |
16 | restorative justice strategies. |
17 | (2) Peer helpers programs. |
18 | (3) Risk assessment, safety-related [or], violence |
19 | prevention curricula, including, but not limited to, dating |
20 | violence curricula and restorative justice strategies. |
21 | (4) Classroom management. |
22 | (5) Student codes of conduct. |
23 | (6) Training to undertake a districtwide assessment of risk |
24 | factors that increase the likelihood of problem behaviors among |
25 | students. |
26 | (7) Development and implementation of research-based |
27 | violence prevention programs that address risk factors to reduce |
28 | incidents of problem behaviors among students including, but not |
29 | limited to, bullying. |
30 | (8) Comprehensive, districtwide school safety and violence |
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1 | prevention plans. |
2 | (9) Security planning, purchase of security-related |
3 | technology which may include metal detectors, protective |
4 | lighting, surveillance equipment, special emergency |
5 | communications equipment, electronic locksets, deadbolts and |
6 | theft control devices and training in the use of security- |
7 | related technology. Security planning and purchase of security- |
8 | related technology shall be based on safety needs identified by |
9 | the school entity's board of directors. |
10 | (10) Institution of student, staff and visitor |
11 | identification systems, including criminal background check |
12 | software. |
13 | (11) Establishment or enhancement of school security |
14 | personnel, including school resource officers. |
15 | (12) Provision of specialized staff and student training |
16 | programs, including training for Student Assistance Program team |
17 | members in elementary, middle and high schools in the referral |
18 | of students at risk of violent behavior to appropriate |
19 | community-based services, including mental health services. |
20 | (13) Alternative education programs provided for in Article |
21 | XIX-C. |
22 | (14) Counseling services for students enrolled in |
23 | alternative education programs. |
24 | (15) An Internet web-based system for the management of |
25 | student discipline, including misconduct and criminal offenses. |
26 | (16) Staff training programs in the use of positive behavior |
27 | supports, de-escalation techniques and appropriate responses to |
28 | student behavior that may require immediate intervention. |
29 | (d) Grant applications shall state the purpose for which the |
30 | targeted grant shall be utilized and contain additional |
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1 | information as [the office may require. The office shall conduct |
2 | a thorough annual evaluation of each program for which a grant |
3 | under this section is made] may be required. The commission |
4 | shall conduct thorough annual evaluations and audits of grants |
5 | made under this section and shall seek repayment of funds if it |
6 | determines that funds were not utilized for the original stated |
7 | purpose. |
8 | Section 3. Section 1303-A of the act, amended June 25, 1997 |
9 | (P.L.297, No.30), is amended to read: |
10 | Section 1303-A. Reporting.--(a) The office shall conduct a |
11 | one-time survey of all school entities to determine the number |
12 | of incidents involving acts of violence on school property and |
13 | all cases involving possession of a weapon by any person on |
14 | school property which occurred within the last five (5) years. |
15 | The survey shall be based on the best available information |
16 | provided by school entities. |
17 | (b) [All school entities] Each chief school administrator |
18 | shall report all new [incidents involving acts of violence, | <-- |
19 | possession of a weapon or possession, use or sale of controlled |
20 | substances as defined in the act of April 14, 1972 (P.L.233, No. |
21 | 64), known as "The Controlled Substance, Drug, Device and |
22 | Cosmetic Act," or possession, use or sale of alcohol or |
23 | tobacco]criminal offenses as provided under subsection (b)(4.1) | <-- |
24 | by any person on school property [at least once a year, as | <-- |
25 | provided by the office,]. Reporting under clause (4.2) shall be | <-- |
26 | at the discretion of the chief school administrator. reports |
27 | shall be made on a form to be developed and provided by the |
28 | office. The form shall include: |
29 | (1) Age or grade of student. |
30 | (2) Name and address of school. |
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1 | (3) Circumstances surrounding the incident, including, but | <-- |
2 | not limited to, type of weapon, controlled substance, alcohol or |
3 | tobacco, the date, time and location of the incident, if a | <-- |
4 | person other than a student is involved in the incident and any |
5 | relationship to the school entity. |
6 | (3.1) Race of student. | <-- |
7 | (3.2) Whether the student has an Individualized Education |
8 | Plan under the Individuals with Disabilities Education Act |
9 | (Public Law 91-230, 20 U.S.C. § 1400 et seq.), and if so the |
10 | type of disability. |
11 | (4) Sanction imposed by the school. |
12 | (4.1) A list of criminal offenses which shall, at a minimum, |
13 | include: |
14 | (i) The following offenses under 18 Pa.C.S. (relating to |
15 | crimes and offenses): |
16 | Section 908 (relating to prohibited offensive weapons). |
17 | Section 912 (relating to possession of weapon on school |
18 | property). |
19 | Chapter 25 (relating to criminal homicide). |
20 | Section 2701 (relating to simple assault). |
21 | Section 2702 (relating to aggravated assault). |
22 | Section 2705 (relating to recklessly endangering another | <-- |
23 | person). |
24 | Section 2706 (relating to terroristic threats). |
25 | Section 2709(relating to harassment). | <-- |
26 | Section 2709.1 (relating to stalking). |
27 | Section 2901 (relating to kidnapping). |
28 | Section 2902 (relating to unlawful restraint). |
29 | Section 3121 (relating to rape). |
30 | Section 3122.1 (relating to statutory sexual assault). |
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1 | Section 3123 (relating to involuntary deviate sexual |
2 | intercourse). |
3 | Section 3124.1 (relating to sexual assault). |
4 | Section 3124.2 (relating to institutional sexual assault). | <-- |
5 | Section 3125 (relating to aggravated indecent assault). |
6 | Section 3126 (relating to indecent assault). |
7 | Section 3127 (relating to indecent exposure). |
8 | Section 3301 (relating to arson and related offenses). |
9 | Section 3307 (relating to institutional vandalism), when the | <-- |
10 | penalty is a felony of the third degree. |
11 | Section 3502 (relating to burglary). |
12 | Section 35033503(a) and (b)(1)(v) (relating to criminal | <-- |
13 | trespass). |
14 | Section 5501 (relating to riot). |
15 | Section 5502 (relating to failure of disorderly persons to | <-- |
16 | disperse upon official order). |
17 | Section 5503 (relating to disorderly conduct). |
18 | Section 6110.1 (relating to possession of firearm by minor). |
19 | Section 6305 (relating to sale of tobacco). | <-- |
20 | Section 6306.1 (relating to use of tobacco in schools |
21 | prohibited). |
22 | Section 6308 (relating to purchase, consumption, possession |
23 | or transportation of liquor or malt or brewed beverages). |
24 | (ii) An offense under The possession, use or sale of a | <-- |
25 | controlled substance or drug paraphernalia as defined in "The |
26 | Controlled Substance, Drug, Device and Cosmetic Act." |
27 | (iii) Attempts, solicitation or conspiracy to commit any of |
28 | the offenses listed in subclauses (i) and (ii). |
29 | (iv) An offense for which registration is required under 42 |
30 | Pa.C.S. § 9795.1 (relating to registration). |
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1 | (4.2) The following offenses under 18 Pa.C.S., and any | <-- |
2 | attempt, solicitation or conspiracy to commit any of these |
3 | offenses: |
4 | Section 2705 (relating to recklessly endangering another |
5 | person). |
6 | Section 2709 (relating to harassment). |
7 | Section 3307 (relating to institutional vandalism), when the |
8 | penalty is a misdemeanor of the second degree. |
9 | Section 3503(b)(1)(i), (ii), (iii) and (iv), (b.1) and (b.2) |
10 | (relating to criminal trespass). |
11 | Chapter 39 (relating to theft and related offenses). |
12 | Section 5502 (relating to failure of disorderly persons to |
13 | disperse upon official order). |
14 | Section 5503 (relating to disorderly conduct). |
15 | Section 6305 (relating to sale of tobacco). |
16 | Section 6306.1 (relating to use of tobacco in schools |
17 | prohibited). |
18 | Section 6308 (relating to purchase, consumption, possession |
19 | or transportation of liquor or malt or brewed beverages). |
20 | (5) Notification of law enforcement. |
21 | (6) Remedial programs involved. |
22 | (7) Parental involvement required. |
23 | (8) Arrests, convictions and adjudications, if known. |
24 | [If a person other than a student is involved, the report | <-- |
25 | shall state the relationship of the individual involved to the |
26 | school entity.] | <-- |
27 | (b.1) Prior to submitting the semiannual report required | <-- |
28 | under subsection (b), each chief school administrator and each |
29 | police department having jurisdiction over school property of |
30 | the school entity shall do all of the following: |
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1 | (1) No later than forty-five (45)thirty (30) days prior to | <-- |
2 | the deadline for submitting the semiannual report required under | <-- |
3 | subsection (b), the chief school administrator shall submit the |
4 | report to the police department with jurisdiction over the |
5 | relevant school property. The police department shall review the |
6 | report and compare the data regarding criminal offenses and |
7 | notification of law enforcement to determine its accuracy. |
8 | (2) No later than fifteen (15) days prior to the deadline |
9 | for submitting the semiannual report required under subsection | <-- |
10 | (b), the police department shall notify the chief school |
11 | administrator, in writing, whether the report accurately |
12 | reflects police incident data. Where the police department |
13 | determines that the report accurately reflects police incident |
14 | data, the chief of police shall sign the report. Where the |
15 | police department determines that the report does not accurately |
16 | reflect police incident data, the police department shall |
17 | indicate any discrepancies between the report and police |
18 | incident data. |
19 | (3) Prior to submitting the semiannual report required under | <-- |
20 | subsection (b), the chief school administrator and the police |
21 | department shall attempt to resolve any discrepancies between | <-- |
22 | the report and police incident data. Where a discrepancy remains |
23 | unresolved, the police department shall notify the chief school |
24 | administrator and the office in writing. |
25 | (4) Where a police department fails to take action as |
26 | required under clause (2) or (3), the chief school administrator |
27 | shall submit the semiannual report required under subsection (b) | <-- |
28 | and indicate that the police department failed to take action as |
29 | required under clause (2) or (3). |
30 | (c) [All school entities shall develop a memorandum of |
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1 | understanding with local law enforcement which sets forth |
2 | procedures to be followed when an incident involving an act of |
3 | violence or possession of a weapon by any person occurs on |
4 | school property. Law enforcement protocols shall be developed in |
5 | cooperation with local law enforcement and the Pennsylvania |
6 | State Police.] Each chief school administrator shall enter into |
7 | a memorandum of understanding with police departments having |
8 | jurisdiction over school property of the school entity. Such | <-- |
9 | memorandum of understanding shall require immediate notification |
10 | of the police department when an incident involving an act of |
11 | violence, possession of a weapon or an offense listed under |
12 | subsection (b)(4.1) occurs on school property. Each chief school |
13 | administrator shall submit a copy of the memorandum of |
14 | understanding to the office by June 30, 2009, and June 30 of | <-- |
15 | each year thereafterbiennially update and re-execute a | <-- |
16 | memorandum of understanding with local law enforcement and file |
17 | such memorandum with the office on a biennial basis. The |
18 | memorandum of understanding shall be signed by the chief school |
19 | administrator, the chief of police of the police department with | <-- |
20 | jurisdiction over the relevant school property and principals of |
21 | each school building of the school entity. The memorandum of |
22 | understanding shall include: |
23 | (1) Protocol for school notification of the police | <-- |
24 | department regarding an incident involving an act of violence, |
25 | possession of a weapon or an offense listed under subsection (b) |
26 | (4.1) that occurs on school property. |
27 | (2) Emergency and nonemergency response by the police |
28 | department. |
29 | (3) The procedure for police department review of the report |
30 | required under subsection (b) prior to filing with the office. |
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1 | (4) A procedure for the resolution of school violence data |
2 | discrepancies prior to filing the report required under |
3 | subsection (b) with the office. |
4 | (5) Additional matters pertaining to crime prevention agreed |
5 | to between the chief school administrator and the police |
6 | department. |
7 | (1) Protocol for the immediate notification of the police | <-- |
8 | department when an offense listed under subsection (b)(4.1)(i), |
9 | (ii), (iii) or (iv) occurs on school property. |
10 | (2) Protocol for notification of the police department at |
11 | the discretion of the chief school administrator regarding an |
12 | offense listed under subsection (b)(4.2) or any other offense |
13 | that occurs on school property. |
14 | (3) Emergency and nonemergency response by the police |
15 | department. Each school district shall supply the police |
16 | department with a copy of the comprehensive disaster response |
17 | and emergency preparedness plan as required by 35 Pa.C.S. § |
18 | 7701(g) (relating to duties concerning disaster prevention). |
19 | (4) Procedures for response to student behavior as required |
20 | by 22 Pa. Code § 14.104 (relating to special education plans). |
21 | (5) The procedure for police department review of the |
22 | semiannual report required under subsection (b) prior to filing |
23 | with the office. |
24 | (6) A procedure for the resolution of school violence data |
25 | discrepancies prior to filing the semiannual report required |
26 | under subsection (b) with the office. |
27 | (7) Additional matters pertaining to crime prevention agreed |
28 | to between the chief school administrator and the police |
29 | department. |
30 | (d) Pursuant to section 615 of the Individuals with |
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1 | Disabilities Education Act (Public Law 91-230, 20 U.S.C. § |
2 | 1415(k)(6)), nothing in this section shall be construed to |
3 | prohibit a school entity from reporting a crime committed by a |
4 | child with a disability to appropriate authorities or to prevent |
5 | State law enforcement and judicial authorities from exercising |
6 | their responsibilities with regard to the application of Federal |
7 | and State law to crimes committed by a child with a disability. |
8 | (d)(e) (1) Notwithstanding any provision of law to the | <-- |
9 | contrary, the Department of Education may initiate disciplinary |
10 | action before the Professional Standards and Practices |
11 | Commission pursuant to the act of December 12, 1973 (P.L.397, |
12 | No.141), known as the "Professional Educator Discipline Act," |
13 | against a chief school administrator or principal of a school |
14 | entity who intentionally fails to submit the semiannual report | <-- |
15 | as required under subsection (b) or enter into the memorandum of |
16 | understanding, report an incident involving an act of violence, |
17 | possession of a weapon or an offense listed under subsection (b) |
18 | (4.1) that occurs on school property to a police department or |
19 | submit a copy of the memorandum of understanding to the office |
20 | as required under subsection (c) or who intentionally falsifies |
21 | a report submitted as required under this section. |
22 | (2) In addition to any other disciplinary actions set forth |
23 | in the "Professional Educator Discipline Act," a chief school |
24 | administrator or principal of a school entity who intentionally |
25 | fails to submit the semiannual report as required under | <-- |
26 | subsection (b) or enter into the memorandum of understanding, |
27 | report an incident involving an act of violence, possession of a |
28 | weapon or an offense cited under subsection (b)(4.1) that occurs |
29 | on school property to a police department or submit a copy of |
30 | the memorandum of understanding to the office as required under |
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1 | subsection (c) or who intentionally falsifies a report submitted |
2 | as required under this section shall be subject to prosecution |
3 | for violation of 18 Pa.C.S. § 4904 (relating to unsworn |
4 | falsification to authorities), where appropriate, and to the |
5 | following civil penalties to be imposed by the Professional |
6 | Standards and Practices Commission for violations of this |
7 | article: |
8 | (i) for a first violation $2,500; | <-- |
9 | (ii) for a second violation $3,500; or |
10 | (iii) for a third or subsequent |
11 | violation $5,000. | <-- |
12 | (i) for a first violation, $2,500; |
13 | (ii) for a second violation, $3,500; or |
14 | (iii) for a third or subsequent violation, $5,000. |
15 | Any penalty imposed under this paragraph shall be paid to the |
16 | Department of Education and used for the support of the office. |
17 | Section 4. This act shall take effect in 60 daysas follows: | <-- |
18 | (1) The addition of section 1303-A(b)(2.1) of the act |
19 | shall take effect immediately. |
20 | (2) This section shall take effect immediately. |
21 | (3) The remainder of this act shall take effect in 90 |
22 | days. |
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