THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY WHEATLEY, BOBACK, B. BOYLE, CARROLL, DALEY, DeLUCA, GOODMAN, KAVULICH, KORTZ, KULA, MIRABITO, PASHINSKI, PAYTON, ROAE AND VULAKOVICH, FEBRUARY 23, 2011

REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 23, 2011  

AN ACT

Amending Titles 1 (General Provisions), 18 (Crimes and Offenses)

and 23 (Domestic Relations) of the Pennsylvania Consolidated

Statutes, redefining "mental retardation" as "intellectual

disability."

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The General Assembly finds and declares as

follows:

(1)  The term "mental retardation":

(i)  is inaccurate and offensive; and

(ii)  should not be used in official language.

(2)  A better term is "intellectual disability."

(3)  The term "intellectual disability" should be used in

place of the term "mental retardation" in official language

of the Commonwealth.

Section 2.  Section 1991 of Title 1 of the Pennsylvania

Consolidated Statutes is amended by adding definitions to read:

§ 1991.  Definitions.

The following words and phrases, when used in any statute

finally enacted on or after September 1, 1937, unless the

context clearly indicates otherwise, shall have the meanings

given to them in this section:

* * *

"Intellectual disability."  Significantly subaverage general

intellectual functioning which:

(1)  occurs before an individual reaches 22 years of age;

and

(2)  is accompanied by significant limitations in

adaptive functioning in at least two of the following skill

areas:

(i) communication;

(ii)  self-care;

(iii)  home living;

(iv)  social and interpersonal skills;

(v)  use of community resources;

(vi)  self-direction;

(vii)  functional academic skills;

(viii)  work;

(ix)  leisure; and

(x)  health and safety.

* * *

"Mental retardation."  Intellectual disability.

* * *

Section 3.  Section 3124.2 of Title 18 is amended to read:

§ 3124.2.  Institutional sexual assault.

(a)  General rule.--Except as provided in sections 3121

(relating to rape), 3122.1 (relating to statutory sexual

assault), 3123 (relating to involuntary deviate sexual

intercourse), 3124.1 (relating to sexual assault) and 3125

(relating to aggravated indecent assault), a person who is an

employee or agent of the Department of Corrections or a county

correctional authority, youth development center, youth forestry

camp, State or county juvenile detention facility, other

licensed residential facility serving children and youth, or

mental health or [mental retardation] intellectual disability 

facility or institution commits a felony of the third degree

when that person engages in sexual intercourse, deviate sexual

intercourse or indecent contact with an inmate, detainee,

patient or resident.

(b)  Definition.--As used in this section, the term "agent"

means a person who is assigned to work in a State or county

correctional or juvenile detention facility, a youth development

center, youth forestry camp, other licensed residential facility

serving children and youth, or mental health or [mental

retardation] intellectual disability facility or institution who

is employed by any State or county agency or any person employed

by an entity providing contract services to the agency.

Section 4.  The definition of "child-care services" in

section 6303(a) of Title 23 is amended to read:

§ 6303.  Definitions.

(a)  General rule.--The following words and phrases when used

in this chapter shall have the meanings given to them in this

section unless the context clearly indicates otherwise:

* * *

"Child-care services."  Child day-care centers, group and

family day-care homes, foster homes, adoptive parents, boarding

homes for children, juvenile detention center services or

programs for delinquent or dependent children; mental health,

[mental retardation] intellectual disability, early intervention

and drug and alcohol services for children; and other child-care

services which are provided by or subject to approval,

licensure, registration or certification by the Department of

Public Welfare or a county social services agency or which are

provided pursuant to a contract with these departments or a

county social services agency. The term does not include such

services or programs which may be offered by public and private

schools, intermediate units or area vocational-technical

schools.

* * *

Section 5.  This act shall take effect in 60 days.