SB 228 Hawaii Senate · 2025 Regular Session

RELATING TO EXCITED DELIRIUM.

Summary

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)

Issues: ✓ Criminal Justice

Sub-Topics: Law Enforcement

Bill status passed both 4 of 5 stages cleared

Introduction

Jan 2025

Committee Review

Mar 2025

Senate Passage

Mar 2025

House Passage

Apr 2025

Governor

Introduced Jan 13, 2025 Last action Apr 16, 2025

Maddy AI version diff · 3 comparisons

What changed between versions

SB228_HD2 → SB228_SD1 · 5 edits

MODERATE

This bill expands protections against the use of 'excited delirium' as a medical diagnosis or cause of death by adding new provisions to multiple chapters of Hawaii Revised Statutes. The changes broaden the scope of entities prohibited from using this term, including local health officers and agents of the Department of Health, and establish a new Hawaii Rule of Evidence to prevent admission of excited delirium evidence in civil actions. The effective date was also changed from July 1, 3000 to December 31, 2050, likely as a placeholder.

Scope change

The bill's scope expanded from primarily medical examiners, coroners, and healthcare providers to include local health officers and Department of Health agents, and added a new evidence rule for civil proceedings.

SCOPE

Added prohibition for local health officers and Department of Health agents from using excited delirium in death certificates and reports

REQUIREMENT

Added new Hawaii Rule of Evidence prohibiting admission of excited delirium evidence in civil actions

TIMELINE

Changed effective date from July 1, 3000 to December 31, 2050

DEFINITION

Modified excited delirium definition to remove reference to court findings about insufficient scientific evidence

TECHNICAL

Added metadata fields and formatting elements from legislative tracking system

Floor votes · Senate Mar 4, 2025

How they voted

23–2

Passed

Total votes 25

Mar 4, 2025

D Democratic22

22 Yea

100% Yea

R Republican3

1 Yea 2 Nay

66% Nay

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Apr 8, 2025

Amended

Senate disagrees with House amendments.

upper

Apr 8, 2025

Introduced

Received from House (Hse. Com. No. 573).

upper

Apr 4, 2025

Lower · Passed

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.

lower

Mar 25, 2025

Lower · Passed

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.

lower

Mar 21, 2025

Committee

Reported from HLT (Stand. Com. Rep. No. 1425) as amended in HD 1, recommending passage on Second Reading and referral to JHA.

lower

Mar 19, 2025

Lower · Passed

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.

lower

Mar 6, 2025

Committee

Referred to HLT, JHA, referral sheet 19

lower

Mar 4, 2025

Introduced

Received from Senate (Sen. Com. No. 112) in amended form (SD 1).

lower

Mar 4, 2025

Upper · Passed

Report Adopted; Passed Third Reading. Ayes, 23; Aye(s) with reservations: none. Noes, 2 (Senator(s) Awa, DeCorte). Excused, 0 (none). Transmitted to House.

upper

Feb 20, 2025

Upper · Passed

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.

upper

Feb 18, 2025

Upper · Passed

The committee(s) on JDC will hold a public decision making on 02-20-25 10:01AM; CR 016 & Videoconference.

upper

Feb 14, 2025

Committee

Reported from HHS/PSM (Stand. Com. Rep. No. 528) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC.

upper

Feb 7, 2025

Upper · Passed

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.

upper

Feb 7, 2025

Upper · Passed

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.

upper

Jan 31, 2025

Upper · Passed

The committee(s) on HHS/PSM has scheduled a public hearing on 02-07-25 3:10PM; Conference Room 225 & Videoconference.

upper

Jan 17, 2025

Committee

Referred to HHS/PSM, JDC.

upper

Jan 15, 2025

Introduced

Introduced and passed First Reading.

upper

Jan 13, 2025

Introduced

Pending Introduction.

upper

2 primary · 1 co-sponsor