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The Senate did not vote on a revised version of “Kevin and Avonte’s Law” before the close of its December session, meaning the bill will not become law. Named after two boys with autism who died after wandering away from a supervised environment, the bill would have expanded a program that funds tracking devices for people with Alzheimer’s in order to provide those devices to other people who may wander, including those with autism.

In July 2016, the Senate passed the bill unanimously, and a revised version was then approved by the House of Representatives, returning it for a vote in the Senate. The revision added language intended to protect privacy and included a provision permitting law enforcement to use tracking devices to prevent harm or violence “caused by the patient assigned the tracking device.” This provision raised concerns over whether people on the spectrum would be treated as a threat simply due to their autism.

Within the autism community, support for the bill varied. Many parent-led groups were in favor of the law, viewing it as an important safety measure, while certain self-advocacy groups worried the law could threaten the privacy and autonomy of people on the spectrum. In an article on Vox, ASAN president Ari Ne’eman argues that viewing wandering as a symptom of autism could cause law enforcement to ignore or misinterpret why people on the spectrum may be attempting to flee certain situations. In cases involving physical or sexual abuse, officers might return wandering individuals to dangerous situations without first verifying their safety.

The revised bill also planned to fund the tracking device initiative by redirecting funds from the Byrne Criminal Justice Innovation Program community policing initiative. In the same Vox article, Ne’eman criticized that plan, noting that it is “ill-advised to take money from one marginalized community in order to support another.”

“Kevin and Avonte’s Law” may yet become law. Sen. Charles Schumer, D-N.Y., its sponsor, told Disability Scoop that he promised to “continue fighting for this bill and get it across the finish line.”