BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 1381
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          SENATE THIRD READING
          SB 1381 (Pavley, et al.)
          As Amended  August 13, 2012
          Majority vote 

           SENATE VOTE  :37-0  
           
           JUDICIARY           10-0                                        
           
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          |Ayes:|Feuer, Wagner, Atkins,    |     |                          |
          |     |Dickinson, Gorell, Huber, |     |                          |
          |     |Jones, Monning,           |     |                          |
          |     |Wieckowski, Chesbro       |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
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           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 to 
            change the coverage, eligibility, rights, responsibilities, or 
            substantive definitions referred to in the amended provisions 
            of the bill.

          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)Changes, pursuant to federal law, all references in federal 
            codes from "mental retardation" to "intellectual disability" 
            and "mentally retarded individual" to "individual with an 
            intellectual disability."








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           FISCAL EFFECT  :  None

           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.

          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 
          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 








                                                                  SB 1381
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          disabilities were preserved despite the change in code language.

          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.
           
           
           Analysis Prepared by  :    Drew Liebert / JUD. / (916) 319-2334 


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