BILL ANALYSIS Ó
AB 2370
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CONCURRENCE IN SENATE AMENDMENTS
AB 2370 (Mansoor)
As Amended August 15, 2012
Majority vote
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|ASSEMBLY: |77-0 |(April 16, |SENATE: |38-0 |(August 21, |
| | |2012) | | |2012) |
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Original Committee Reference: HEALTH
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.
The Senate amendments add language to deal with chaptering out
issues and make corrective changes.
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."
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version approved by the Senate.
AB 2370
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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:
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.
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." 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.
This bill 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 code language.
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.
Analysis Prepared by : Drew Liebert / JUD. / (916) 319-2334
AB 2370
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