BILL ANALYSIS
AB 2199
Page 1
Date of Hearing: April 21, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2199 (Lowenthal) - As Amended: April 14, 2010
Policy Committee: Public
SafetyVote: 4-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill repeals an obsolete provision of law requiring the
Department of Mental Health (DMH), to plan, conduct, and cause
to be conducted scientific research into the causes and cures of
sexual deviation, including the causes and cures of
homosexuality.
FISCAL EFFECT
Negligible savings to DMH, which does not currently conduct
research into the causes and cures of homosexuality.
COMMENTS
1)Rationale . According to the author, this obsolete provision
was adopted during a 1950 special session dealing with sex
crimes. The bill that enacted this statute specifically
required what was then known as the Department of Mental
Hygiene to conduct scientific research into the causes and
cures of sexual deviation and the causes and cures of
homosexuality.
The author states, "The code section this bill seeks to repeal
not only reflects misguided and out-of-date science, it
enshrines bigotry and false stereotypes in law."
2)Current law states that DMH, "shall plan, conduct, and cause
to be conducted scientific research into the causes and cures
of sexual deviation, including deviations conducive to sex
crimes against children, and the causes and cures of
homosexuality, and into methods of identifying potential sex
AB 2199
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offenders."
This bill would amend that provision to state that the DMH
"shall plan, conduct, or cause to be conducted scientific
research into the prevention of sex crimes against children."
3)Support . According to Equality California, "This bill would
repeal an archaic law directing mental health officials to
seek a cure for homosexuality? This code continues to
mischaracterize sexual orientation in the LGBT community as
mental disorder and institutes bigotry against the lesbian,
gay, bisexual, and transgender community. It wrongly links
sexual orientation with child molestation, sexual deviance and
calls for research into a cure for homosexuality. In 1973, the
American Psychiatric Association (APA) removed homosexuality
from the Diagnostic and Statistical Manual of Mental Disorders
(DSM). Prior to that, gays and lesbians were wrongly
considered to have a mental disorder by the APA."
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081