BILL ANALYSIS �
SB 1381
Page 1
SENATE THIRD READING
SB 1381 (Pavley, et al.)
As Amended August 13, 2012
Majority vote
SENATE VOTE :37-0
JUDICIARY 10-0
-----------------------------------------------------------------
|Ayes:|Feuer, Wagner, Atkins, | | |
| |Dickinson, Gorell, Huber, | | |
| |Jones, Monning, | | |
| |Wieckowski, Chesbro | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
-----------------------------------------------------------------
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."
SB 1381
Page 2
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profoundly hurtful, outdated and not in current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
Page 3
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
FN: 0004754