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Regular Session, 2011
HOUSE CONCURRENT RESOLUTI ON NO. 88
BY REPRESENTATIVES LEGER, LOPINTO, AND WHITE
A CONCURRENT RESOLUTI ON
To urge and request the Louisiana State Law Institute to review and evaluate terminology
that is currently contained in Louisiana law which refers to persons with disabilities,
to propose alternative terminology to be used prospectively by the Legislature of
Louisiana when enacting or amending legislation which refers to persons with
disabilities, to identify and recommend for substitution terms currently appearing in
Louisiana law which convey negative or derogatory perceptions of persons with
disabilities, and to recommend replacement terminology for these identified
provisions.
WHEREAS, the Legislature of Louisiana is committed to promoting the respect and
dignity of all individuals; and
WHEREAS, many provisions of existing Louisiana law refer to certain persons as
"mentally infirm" or "physically infirm", including but not limited to simple battery of the
infirm (R.S. 14:35.2), sexual battery of the infirm (R.S. 14:93.5), and cruelty to the infirmed
(R.S. 14:93.3); and
WHEREAS, the Legislature of Louisiana recognizes that language used in reference
to individuals with disabilities shapes and reflects society's attitudes toward people with
disabilities; and
WHEREAS, the Legislature of Louisiana recognizes that certain terms, including
"infirm", could be construed as demeaning or disrespectful and could create an invisible
barrier to the inclusion of these individuals with disabilities as equal community members;
and
WHEREAS, in addressing this issue, it is necessary for the Louisiana State Law
Institute to evaluate and recommend preferred language, for newly enacted laws and future
revisions to current laws, which uses terminology that puts the person before the disability, ENROLLEDHCR NO. 88
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that avoids the use of language that implies that a person as a whole is disabled, or that
equates persons with their conditions.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
urge and request the Louisiana State Law Institute to review and evaluate terminology that
is currently contained in Louisiana law which refers to persons with disabilities, and to
propose alternative terminology to be used prospectively by the Legislature of Louisiana
when enacting or amending legislation which refers to persons with disabilities.
BE IT FURTHER RESOLVED that the Louisiana State Law Institute identify and
recommend for substitution terms currently appearing in Louisiana law which convey
negative or derogatory perceptions of persons with disabilities and recommend replacement
terminology for these identified provisions.
BE IT FURTHER RESOLVED that the Louisiana State Law Institute identify and
report to the legislature provisions of current law in which terminology changes may not be
made because the change would alter or render ambiguous the substantive meaning of any
current provision of law.
BE IT FURTHER RESOLVED that the Louisiana State Law Institute report its
findings and recommendations to the Legislature of Louisiana prior to the convening of the
2012 Regular Session of the Legislature of Louisiana.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
Louisiana State Law Institute.
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE