URGING THE PROHIBITION OF THE USE OF "EXCITED DELIRIUM", OR SIMILAR PSEUDOSCIENTIFIC CONCEPTS, AS A MEDICAL DIAGNOSIS, CAUSE OF DEATH, OR LEGAL THEORY IN THE STATE OF HAWAII.

HCR146

HOUSE OF REPRESENTATIVES

H.C.R. NO.

146

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

URGING THE legislature to prioritize the consideration of
legislation prohibiting the use of "excited delirium", or similar
pseudoscientific concepts, as a medical diagnosis, cause of death, or legal
theory in the State of Hawaii
.

����
WHEREAS, multiple
committees of the Hawaii State Legislature have found that "excited
delirium", sometimes referred to as "excited delirium syndrome",
is not a recognized medical diagnosis, has no basis in accepted medical
science, and lacks consistent or objective diagnostic criteria; and

����
WHEREAS, legislative
committees have further found that "excited delirium" has, for
decades, been invoked to justify or excuse the use of force by law enforcement,
particularly in incidents involving individuals experiencing mental health
crises and disproportionately affecting people of color; and

����
WHEREAS, legislative
committees have found that the majority of major national and international
medical organizations do not recognize "excited delirium" as a valid
medical diagnosis and have disavowed its use in clinical, forensic, or legal
contexts; and

����
WHEREAS, the
House Committee on Health has found that "excited delirium" is not
included in the Diagnostic and Statistical Manual of Mental Disorders, the
authoritative classification system for mental health disorders used by medical
professionals in the United States; and

����
WHEREAS, the
House Committee on Judiciary and Hawaiian Affairs has found that the use of "excited
delirium" as a purported diagnosis or explanation for deaths occurring in
law enforcement custody has contributed to legal outcomes that obscure the true
causes of death and undermine accountability and justice for affected
individuals and their families; and

����
WHEREAS, there
has never been an International Classification of Diseases (ICD-9 or ICD-10)
code for
"
excited
delirium
",
meaning
it cannot be legitimately included as a cause of death for standardized medical
or statistical reporting purposes; and

����
WHEREAS, despite
the lack of medical recognition, "excited delirium" has appeared on
autopsy reports and death certificates in Hawaii, and has been referenced in
legal proceedings, including wrongful death cases involving deaths occurring
during law enforcement encounters; and

����
WHEREAS, defense
experts in certain Hawaii cases have testified that individuals who died during
encounters with law enforcement succumbed to "excited delirium", even
where that term was not listed as a cause of death, including the case
involving Oahu military veteran Sheldon Haleck; and

����
WHEREAS, the
Legislature has previously considered legislation that would have prohibited
the use of "excited delirium" as a medical diagnosis, cause of death,
or legal theory in the State, reflecting substantial legislative concern
regarding the continued reliance on this discredited concept; now, therefore,

����
BE IT
RESOLVED by the House of Representatives of the Thirty-third Legislature of the
State of Hawaii, Regular Session of 2026, the Senate concurring, that the
Legislature is urged to prioritize the consideration of legislation prohibiting
the use of "excited delirium", or similar pseudoscientific concepts,
as a medical diagnosis, cause of death, or legal theory in the State of Hawaii;
and

����
BE IT FURTHER
RESOLVED that such legislation should ensure that medical determinations,
official records, and legal proceedings in the State are grounded in
scientifically valid and medically recognized principles; and

����
BE IT FURTHER
RESOLVED that this Concurrent Resolution be known as "The Haleck Resolution",
in memory of veteran and Native Hawaiian Sheldon Haleck; and

����
BE IT FURTHER
RESOLVED that certified copies of this Concurrent Resolution be transmitted to the
President of the Senate and Speaker of the House of Representatives.

OFFERED BY:

_____________________________

Report Title:
�

Excited
Delirium; Medical Diagnosis; Cause of Death; Legal Theory; Legislation