SB228 • 2026

RELATING TO EXCITED DELIRIUM.

Healthcare

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: ELEFANTE, CHANG, Fevella
Last action: 2026-04-02
Official status: Received notice of the discharge of all House Conferees (Hse. Com. No. 457).
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

RELATING TO EXCITED DELIRIUM.

What This Bill Does

RELATING TO EXCITED DELIRIUM.
Excited Delirium; Medical Diagnosis; Cause of Death; Incident Report; Law Enforcement Officers; Hawaii Rules of Evidence Prohibits excited delirium from being recognized as a valid medical diagnosis or cause of death in the State.
Prohibits a medical examiner, coroner, or health care provider from stating on a certificate of death or in any report that the cause of death was excited delirium.
Prohibits law enforcement officers from using the term excited delirium to describe an individual in an incident report.

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HD1

Hawaii published version HD1

Plain English: SB228 HD1 THE SENATE S.B.

SB228 HD1 THE SENATE S.B.
NO.
228 THIRTY-THIRD LEGISLATURE, 2025 S.D.
1 STATE OF HAWAII H.D.

HD2

Hawaii published version HD2

Plain English: SB228 HD2 THE SENATE S.B.

SB228 HD2 THE SENATE S.B.
NO.
228 THIRTY-THIRD LEGISLATURE, 2025 S.D.
1 STATE OF HAWAII H.D.

SD1

Hawaii published version SD1

Plain English: SB228 SD1 THE SENATE S.B.

SB228 SD1 THE SENATE S.B.
NO.
228 THIRTY-THIRD LEGISLATURE, 2025 S.D.
1 STATE OF HAWAII A BILL FOR AN ACT RELATING TO EXCITED DELIRIUM .

Bill History

2026-04-02 S
Received notice of the discharge of all House Conferees (Hse. Com. No. 457).
2026-04-01 H
House Conferee(s) discharged.
2026-03-20 H
Received notice of all Senate conferees being discharged (Sen. Com. No. 409).
2026-03-20 S
Senate Conferee(s) discharged.
2025-12-08 D
Carried over to 2026 Regular Session.
2025-04-16 H
Received notice of Senate conferees (Sen. Com. No. 809).
2025-04-16 S
Senate Conferees Appointed: San Buenaventura Chair; Elefante, Chang Co-Chairs.
2025-04-15 S
Received notice of appointment of House conferees (Hse. Com. No. 731).
2025-04-14 H
House Conferees Appointed: Takayama, Poepoe Co-Chairs; Garcia.
2025-04-08 H
Received notice of disagreement (Sen. Com. No. 774).
2025-04-08 S
Senate disagrees with House amendments.
2025-04-08 S
Received from House (Hse. Com. No. 573).
2025-04-04 H
Passed Third Reading as amended in HD 2 with Representative(s) Garcia voting aye with reservations; none voting no (0) and Representative(s) Cochran excused (1). Transmitted to Senate.
2025-04-02 H
Forty-eight (48) hours notice Friday, 04-04-25.
2025-04-02 H
Reported from JHA (Stand. Com. Rep. No. 1784) as amended in HD 2, recommending passage on Third Reading.
2025-03-25 H
The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 10 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Cochran, Hashem, Perruso, Takayama, Todd, Shimizu; Ayes with reservations: Representative(s) Garcia; Noes: none; and 1 Excused: Representative(s) Kahaloa.
2025-03-21 H
Bill scheduled to be heard by JHA on Tuesday, 03-25-25 2:00PM in House conference room 325 VIA VIDEOCONFERENCE.
2025-03-21 H
Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with Representative(s) Alcos, Garcia voting aye with reservations; none voting no (0) and Representative(s) Cochran, Garrett, Kapela, Kitagawa, Ward excused (5).
2025-03-21 H
Reported from HLT (Stand. Com. Rep. No. 1425) as amended in HD 1, recommending passage on Second Reading and referral to JHA.
2025-03-19 H
The committee on HLT recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Takayama, Keohokapu-Lee Loy, Amato, Chun, Marten, Olds, Takenouchi; Ayes with reservations: Representative(s) Alcos, Garcia; Noes: none; and Excused: none.
2025-03-14 H
Bill scheduled to be heard by HLT on Wednesday, 03-19-25 9:05AM in House conference room 329 VIA VIDEOCONFERENCE.
2025-03-06 H
Referred to HLT, JHA, referral sheet 19
2025-03-06 H
Pass First Reading
2025-03-04 H
Received from Senate (Sen. Com. No. 112) in amended form (SD 1).
2025-03-04 S
Report Adopted; Passed Third Reading. Ayes, 23; Aye(s) with reservations: none. Noes, 2 (Senator(s) Awa, DeCorte). Excused, 0 (none). Transmitted to House.
2025-02-28 S
One Day Notice 03-04-25.
2025-02-28 S
Reported from JDC (Stand. Com. Rep. No. 954) with recommendation of passage on Third Reading.
2025-02-20 S
The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED. The votes in JDC were as follows: 4 Aye(s): Senator(s) Rhoads, Chang, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Gabbard.
2025-02-18 S
The committee(s) on JDC will hold a public decision making on 02-20-25 10:01AM; CR 016 & Videoconference.
2025-02-14 S
Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC.
2025-02-14 S
Reported from HHS/PSM (Stand. Com. Rep. No. 528) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC.
2025-02-07 S
The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in HHS were as follows: 4 Aye(s): Senator(s) San Buenaventura, Aquino, Hashimoto, Keohokalole; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Fevella.
2025-02-07 S
The committee(s) on PSM recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in PSM were as follows: 4 Aye(s): Senator(s) Elefante, Wakai, Fukunaga, Rhoads; Aye(s) with reservations: none ; 1 No(es): Senator(s) DeCorte; and 0 Excused: none.
2025-01-31 S
The committee(s) on HHS/PSM has scheduled a public hearing on 02-07-25 3:10PM; Conference Room 225 & Videoconference.
2025-01-17 S
Referred to HHS/PSM, JDC.
2025-01-15 S
Introduced and passed First Reading.
2025-01-13 S
Pending Introduction.

Official Summary Text

RELATING TO EXCITED DELIRIUM.
Excited Delirium; Medical Diagnosis; Cause of Death; Incident Report; Law Enforcement Officers; Hawaii Rules of Evidence
Prohibits excited delirium from being recognized as a valid medical diagnosis or cause of death in the State. Prohibits a medical examiner, coroner, or health care provider from stating on a certificate of death or in any report that the cause of death was excited delirium. Prohibits law enforcement officers from using the term excited delirium to describe an individual in an incident report. Establishes a new Hawaii Rule of Evidence that deems evidence that a person experienced or suffered an excited delirium inadmissible in a civil action. Effective 7/1/3000. (HD2)

Current Bill Text

Read the full stored bill text

SB228

THE SENATE

S.B. NO.

228

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

Relating
to excited delirium
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

����
SECTION 1.
�
Chapter 338,
Hawaii Revised Statutes, is amended by adding a new section to be appropriately
designated and to read as follows:

����
"
�338-
�
Cause of death; excited delirium
prohibited.
�
(a)
�
Excited delirium shall not be recognized as a
valid medical diagnosis or cause of death in the State.

����
(b)
�

A local health officer or local agent of the department of health shall
not document, testify to, or otherwise use excited delirium as a recognized
medical diagnosis or cause of death in any official capacity or communication.

����
(c)
�

A local health officer or local agent of the department of health shall
not state on the certificate of death, or in any report, that the cause of
death was excited delirium.
�
The local
health officer or local agent of the department of health may list and describe
the contributing causes of death, but shall not describe the underlying cause
as excited delirium.

����
(d)
�

As used in this section, "excited delirium" means a term used
to describe a person's state of agitation, excitability, paranoia, extreme
aggression, physical violence, and apparent immunity to pain that is not listed
in the most current version of the Diagnostic and Statistical Manual of Mental
Disorders, or for which the court finds there is insufficient scientific
evidence or diagnostic criteria to be recognized as a medical condition.
�
Excited delirium includes but is not limited
to excited delirium syndrome, hyperactive delirium, agitated delirium, and
exhaustive mania.
"

����
SECTION 2.
�

Chapter 353C, Hawaii Revised Statutes, is amended by adding a new
section to be appropriately designated and to read as follows:

����
"
�353C-
�
Incident reports; excited delirium
prohibited.
�
(a)
�
A law enforcement officer shall not use the
term excited delirium to describe an individual in an incident report completed
by a law enforcement officer.
�
A law
enforcement officer may describe the characteristics of an individual's
conduct, but shall not generally describe the individual's demeanor, conduct,
or physical and mental condition at issue as excited delirium.

����
(b)
�

For the purposes of this section:

����
"Excited delirium" shall have
the same meaning as in section 338- .

����
"Law enforcement officer"
shall have the same meaning as in section 134-81.
"

����
SECTION 3.
�

Chapter 626-1, Hawaii Revised Statutes, is amended by adding a new rule
to article XI to be appropriately designated and to read as follows:

����
"
Rule

�
Excited delirium;
prohibition.
�
(a)
�
Evidence that a person suffered or
experienced excited delirium shall not be admitted in any civil action.

����
(b)
�

A party or witness may describe the factual circumstances surrounding
the case, including a person's demeanor, conduct, and physical and mental
condition at issue, but shall not describe or diagnose the demeanor, conduct,
or condition as excited delirium, or attribute the demeanor, conduct, or physical
and mental condition to excited delirium.

����
(c)
�

As used in this rule, "excited delirium" means a term used to
describe a person's state of agitation, excitability, paranoia, extreme
aggression, physical violence, and apparent immunity to pain that is not listed
in the most current version of the Diagnostic and Statistical Manual of Mental
Disorders, or for which the court finds there is insufficient scientific
evidence or diagnostic criteria to be recognized as a medical condition.
�
Excited delirium includes but is not limited
to excited delirium syndrome, hyperactive delirium, agitated delirium, and
exhaustive mania.
"

����
SECTION 4.
�

New statutory material is underscored.

����
SECTION 5.
�

This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Excited
Delirium; Cause of Death; Incident Report; Law Enforcement Officers; Evidence

Description:

Prohibits
excited delirium from being recognized as a valid medical diagnosis or cause of
death in the State.
�
Prohibits a
local
health officer or local agent of the Department of Health from stating on a
certificate of death or in any report that the cause of death was excited
delirium.
�
Prohibits law enforcement
officers from using the term excited delirium to describe an individual in an
incident report.
�
Establishes a new rule
of evidence that deems evidence that a person experienced or suffered an excited
delirium inadmissible in a civil action.

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not legislation or evidence of legislative intent.