BILL ANALYSIS �
AB 2370
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Date of Hearing: April 10, 2012
ASSEMBLY COMMITTEE ON JUDICIARY
Mike Feuer, Chair
AB 2370 (Mansoor) - As Amended: April 9, 2012
Proposed Consent
SUBJECT : Mental retardation: change of term to intellectual
disabilities
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 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 2012, 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 : Removes all references to "mental retardation" or
"mentally retarded person" and replaces them with "intellectual
disability" or "a person with an intellectual disability."
Specifically, this bill :
1)Amends Sections 4502 and 17206.1 of the Business and
Professions Code to replace all references to "mental
retardation" or "mentally retarded person" with "intellectual
disability" or "a person with an intellectual disability."
2)Amends Section 1761 of the Civil Code to replace all
references to "mental retardation" or "mentally retarded
person" with "intellectual disability" or "a person with an
intellectual disability."
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3)Amends Sections 8769, 16191, 16195, 16196, 16200, 41306,
41401,and 51765 of the Education Code to replace all
references to "mental retardation" or "mentally retarded
person" with "intellectual disability" or "a person with an
intellectual disability."
4)Amends Sections 854.2, 6514, 12428, 12926, 14670.1, 14670.2,
14670.3, 14670.5, 14672.1, 14672.92, 16813,16814, and 16816 of
the Government Code to replace all references to "mental
retardation" or "mentally retarded person" with "intellectual
disability" or "a person with an intellectual disability."
5)Amends Sections 1337.1, 1337.3, 1275.5, 13113, 51312, 110403,
123935, 125000, 127260, and 129395 of the Health and Safety
Code to replace all references to "mental retardation" or
"mentally retarded person" with "intellectual disability" or
"a person with an intellectual disability."
6)Amends Sections 10118, 10124 and 10203.4 of the Insurance Code
to replace all references to "mental retardation" or "mentally
retarded person" with "intellectual disability" or "a person
with an intellectual disability."
7)Amends Sections 1101.20, 1346, 1370.1, 1376 and 2962 of the
Penal Code to replace all references to "mental retardation"
or "mentally retarded person" with "intellectual disability"
or "a person with an intellectual disability."
8)Amends Section 25276 of the Vehicle Code to replace all
references to "mental retardation" or "mentally retarded
person" with "intellectual disability" or "a person with an
intellectual disability."
9)Amends Sections 4426, 4417, 4512, 4801, 5002, 5008, 5325,
5585.25, 6250, 6500, 6502, 6504, 6504.5, 6505, 6506, 6507,
6508, 6509, 6511, 6512, 6513, 6551, 6715, 6717, 6718, 6740,
6741, 7275, 7351 and 11014 of the Welfare and Institutions
Code to replace all references to "mental retardation" or
"mentally retarded person" with "intellectual disability" or
"a person with an intellectual disability."
10)Stipulates that nothing in the bill shall be construed as
making changes to services being provided or eligibility
standards in effect at the time of enactment.
AB 2370
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EXISTING LAW :
1)Refers to "mental retardation" or "a mentally retarded person"
in numerous state 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)Federal law, S. 2781 (2010), 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:
AB 2370 is a simple measure that replaces the depreciatory
"R-Word" term in California Codes with language that does
not propagate demeaning and negative stigmas on individuals
with disabilities.
Removing Stigma From the California Code: The term mental
retardation carries a great deal of stigma. 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
will replace the term with the more acceptable term
"intellectual disability." Although many experts surveyed
believe that any substitute term for the same population will
also soon develop stigmatizing qualities there is current
momentum to change the term. Additionally, the term "mental
retardation" has long subjected individuals with intellectual
disabilities to discrimination and its due time the hurtful
phrase was eliminated from statutory language.
New Term, Same Entitlements: AB 2370 makes clear that any
change in the term mental retardation in the California Code
will not change any benefits, services or rights currently given
to those with intellectual disabilities under California law.
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
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code language.
ARGUMENTS IN SUPPORT : Numerous advocacy groups for the
intellectually disabled support this bill including Best Buddies
of California and the Special Olympics. Both groups 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 : SB 1381 (Pavley-2010) is a
substantially similar bill currently in the Senate. SB 1381 is
similar in that it too would revise various statutes to delete
references to "mentally retarded persons" and instead refer to
"persons with an intellectual disability" or "intellectually
disabled."
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." This bill unanimously passed this Committee in
2007.
REGISTERED SUPPORT / OPPOSITION :
Support
Best Buddies of California (sponsor)
Special Olympics International
Special Olympics of Northern California and Nevada
The Dayle McIntosh Disability Resource Center
The Arc in California
United Cerebral Palsy in California
Opposition
None on file
Analysis Prepared by : Drew Liebert and Nicholas Liedtke/ JUD.
/ (916) 319-2334