BILL ANALYSIS Ó
SB 1381
Page 1
Date of Hearing: June 19, 2012
ASSEMBLY COMMITTEE ON JUDICIARY
Mike Feuer, Chair
SB 1381 (Pavley, Anderson, and Rubio) - As Amended: May 14,
2012
PROPOSED CONSENT
SENATE VOTE : 37-0
SUBJECT : change of STATUTORY termINOLOGY
KEY ISSUE : should ALL references CONTAINED IN STATE LAW TO
"mental retardation" or a "mentally retarded person" BE REPLACED
WITH THE TERMS "intellectual disability" or "a person with an
intellectual disability?"
FISCAL EFFECT : As currently in print this bill is keyed
non-fiscal.
SYNOPSIS
This non-controversial and long-overdue bill deletes the
numerous references in state law to "mental retardation" or
"mentally retarded person" and replaces them with the terms
"intellectual disability" or "person with an intellectual
disability," respectively. This bill parallels a federal law,
passed in 2010, removing references to the phrase "mental
retardation" from federal health, education and labor policies.
The bill is widely supported by mental health advocacy groups,
disability rights advocates and several school districts from
across California and has no known opposition.
SUMMARY : Changes statutory terminology consistent with federal
law. Specifically, this bill :
1)Removes references to "mental retardation" or "mentally
retarded person" and replaces them with "intellectual
disability" or "a person with an intellectual disability."
2)Stipulates that nothing in the bill shall be construed as
making a substantive change in law or a change to services or
the eligibility for services in revising this terminology.
SB 1381
Page 2
3)Makes related and technical changes.
EXISTING LAW :
1)Refers to "mental retardation" or "a mentally retarded person"
in numerous statutory provisions, including provisions
relating to psychiatric technician regulation, the state's
unfair competition statute, educational and social services,
commitment to state facilities, and criminal punishment.
2)Pursuant to federal law, changed all references in federal
codes from "mental retardation" to "intellectual disability"
and "mentally retarded individual" to "individual with an
intellectual disability."
COMMENTS : This bill seeks to remove all references in
California law to "mentally retardation" or "mentally retarded
person" with "intellectual disability" and "person with an
intellectual disability." The author states:
It is estimated that seven to eight million Americans or
one in ten families in the United States, experience
intellectual disabilities. SB 1381 is a simple measure
that provides an important terminology change to the
disability community throughout California. As society has
become accustomed to casually using the "R-word" as a way
of deflating or condemning something's value, it's shaped
the perception of and, undoubtedly, the self-worth of those
with intellectual disabilities. The use of the "R-word" is
profoundly hurtful, outdated and not in current
professional use in agencies or association. Furthermore,
on October 5, 2010, President Obama signed "Rosa's Law", S.
2781, removing the term "mental retardation" and "mentally
retarded" from federal health, education and labor policy,
replacing them with "intellectual disability" or
"individual with intellectual disabilities". Federal and
state laws are currently incompatible because of this
conflicting terminology; SB 1381 is needed to correct this
conflict.
Removing Stigma From the California Codes: The term mental
retardation carries a great deal of stigma and hurt. Several
surveys of mental health advocates, clinicians, families,
parents, and other education and health professionals
consistently show that the term is filled with negative
SB 1381
Page 3
connotations. In order to lessen the stigma of mental
retardation and ensure the California Code is not promoting
negative stereotypes, this bill replaces the term with the more
appropriate and acceptable term "intellectual disability." The
term "mental retardation" has long subjected individuals with
intellectual disabilities to discrimination, according to
supporters, and its due time the hurtful phrase was eliminated
from statutory language. The bill would provide that nothing in
these provisions shall be construed as making a substantive
change in law or a change to services or the eligibility for
services in revising this terminology. Similar protections were
drafted into the federal legislation, "Rosa's Law" (S.
2781-2010), to ensure the rights of those with intellectual
disabilities were preserved despite the change in code language.
ARGUMENTS IN SUPPORT : Numerous advocacy groups for the
intellectually disabled support this bill including sponsors,
The Arc and United Cerebral Palsy in California. Supporters
believe codifying the term "intellectually disabled" into
California law will remove a hurtful and stigmatizing term from
law and promote dignity and respect for thousands of
intellectually disabled persons and their families across
California.
PRIOR AND RELATED Legislation : AB 2370 (Mansoor) is a similar
bill currently in the Senate. The author of that legislation
and this measure have committed to ensure both bills have needed
double jointing language before they are sent to the Governor.
AB 1640 (La Malfa, Ch. 31, Stats of 2007) deleted the terms
"idiot," "imbecility," and "lunatics" from state code and
replaced those terms with "persons who are mentally
incapacitated."
REGISTERED SUPPORT / OPPOSITION :
Support
The Arc and United Cerebral Palsy in California (sponsor)
Ability First
Advanced Education Inc.
Autism Speaks
Association of Regional Center Agencies
Best Buddies California
California Academy of Child & Adolescent Psychiatry
SB 1381
Page 4
California Disability Services Association
California Hospital Association
California Psychological Association
California State PTA
California Speech-Language Hearing Association
California Supported Living Network
California Toolworks, Inc.
Coalition for Adequate Funding for Special Education
Community Integrated Work Program Inc.
Contra Costa ARC
Contra Costa Health Services
County of Sacramento
Developmental Disabilities Area Board 3
Developmental Disabilities Area Board 10
Developmental Disabilities Board Area 5
Disability Rights Education & Defense Fund
Futures Explored, Inc.
Goodwill
Imperial County Office of Education
Interdisciplinary Council on Developmental and Learning
Jay Nolan Community Services
National Association of Social Workers - California Chapter
North Bay Regional Center
North Los Angeles County Regional Center
PRIDE Industries
Regional Center of the East Bay
ResCare Friendship Developmental Services
Sacramento County Developmental Disabilities Planning and
Advisory Council
Sacramento/Yolo Mutual Housing Association
San Diego-Imperial Counties Developmental Services, Inc.
San Luis Obispo County Special Education Local Plan Area
San Ramon Valley Unified School District
SEIU California
Special Needs Network, Inc.
Spectrum Center Schools and Programs
The Help Group
United Cerebral Palsy of Sacramento and Northern California
100+ Individuals
Opposition
None on file
SB 1381
Page 5
Analysis Prepared by : Drew Liebert / JUD. / (916) 319-2334