AB 360 California Assembly · 2023-2024 Regular Session

Excited delirium.

Summary
(1) Existing law specifies the content of a certificate of death and sets forth the persons responsible for completing the certificate of death. Existing law requires certain medical and health content on the certificate. This bill would prohibit "excited delirium," as defined, from being recognized as a valid medical diagnosis or cause of death in this state. The bill would prohibit a coroner, medical examiner, physician, or physician assistant from stating on the certificate of death or in any report that the cause of death was excited delirium. (2) Existing law designates specified employees and appointees of certain public entities to be peace officers. Existing law grants certain powers to peace officers and prescribes certain requirements and responsibilities for peace officers and their employing or appointing entities. The bill would prohibit a peace officer from using the term "excited delirium" to describe an individual in an incident report, but would not prohibit the peace officer from describing an individual's behavior, as specified. (3) Existing law governs the rules of evidence in every action before the Supreme Court or a court of appeal or superior court, including rules relating to judicial notice, evidentiary burdens, witnesses, opinion testimony and scientific evidence, privileges, evidence affected or excluded by extrinsic policies, hearsay evidence, and writings. This bill would deem evidence that a person experienced or suffered an excited delirium inadmissible in a civil action, but would not prohibit a party or witness from testifying as to the factual circumstances surrounding the case, including a person's demeanor, conduct, and physical and mental condition, provided it is not attributed to excited delirium.
Bill status signed all 5 stages cleared
Introduction
Feb 2023
Committee Review
Sep 2023
Assembly Passage
Apr 2023
Senate Passage
Sep 2023
Signed into Law
Oct 2023
Introduced Feb 1, 2023 Signed Oct 8, 2023
Floor votes · Senate Sep 11, 2023 · Assembly Apr 20, 2023

How they voted

361
Passed · 3 other
Total votes 40
Sep 11, 2023
D Democratic31
30 Yea 1
96% Yea
R Republican9
6 Yea 1 Nay 2
66% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
28
Key actions
12
Committee
10
Amendments
6
Oct 8, 2023
Signed into law
Approved by the Governor.
legislature
Sep 12, 2023
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 3281.).
lower
Sep 11, 2023
Introduced
In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 13 pursuant to Assembly Rule 77.
lower
Sep 11, 2023
Upper · Passed
Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 1. Page 2589.).
upper
Sep 6, 2023
Upper · Passed
Read third time and amended. Ordered to second reading.
upper
Sep 1, 2023
Upper · Passed
From committee: Do pass. (Ayes 5. Noes 1.) (September 1).
upper
Jul 10, 2023
Committee
In committee: Referred to APPR. suspense file.
upper
Jun 28, 2023
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (June 27). Re-referred to Com. on APPR.
upper
Jun 6, 2023
Upper · Passed
From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 0.) (June 6). Re-referred to Com. on JUD.
upper
May 3, 2023
Committee
Referred to Coms. on PUB S. and JUD.
upper
Apr 20, 2023
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 1272.)
lower
Mar 22, 2023
Lower · Passed
Read second time and amended. Ordered returned to second reading.
lower
Mar 21, 2023
Introduced
From committee: Amend, and do pass as amended. (Ayes 10. Noes 0.) (March 21).
lower
Mar 20, 2023
Committee
Re-referred to Com. on JUD.
lower
Mar 16, 2023
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
lower
Mar 13, 2023
Lower · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
lower
Mar 7, 2023
Lower · Passed
From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 0.) (March 7). Re-referred to Com. on JUD.
lower
Feb 9, 2023
Committee
Referred to Coms. on PUB. S. and JUD.
lower
Feb 2, 2023
Lower · Passed
From printer. May be heard in committee March 4.
lower
1 primary · 4 co-sponsors

Sponsors