Hawaii House Bill HB36 Aims to Ban "Excited Delirium" from Law Enforcement Reports

Hawaii's House of Representatives has introduced a significant legislative measure, HB36, aimed at prohibiting the use of the term "excited delirium" in law enforcement incident reports. Introduced on February 11, 2025, the bill seeks to address concerns surrounding the controversial term, which has been criticized for its lack of scientific backing and potential misuse in legal contexts.

The bill defines "excited delirium" as a state characterized by extreme agitation, paranoia, and aggression, but notably states that it is not recognized as a medical condition in the Diagnostic and Statistical Manual of Mental Disorders. Under HB36, law enforcement officers would be barred from using this term in their reports, although they may still describe an individual's behavior without attributing it to excited delirium. Furthermore, the bill stipulates that evidence of excited delirium cannot be admitted in civil actions, reinforcing its exclusion from legal proceedings.

The introduction of HB36 has sparked notable debate among lawmakers and community advocates. Proponents argue that the term has been misused to justify excessive force by police and to absolve officers of accountability in cases involving individuals experiencing mental health crises. Critics, however, express concerns that the bill may hinder law enforcement's ability to accurately describe incidents involving individuals in distress.

The implications of this bill extend beyond legal terminology; it reflects a growing recognition of mental health issues within law enforcement practices and the need for more accurate and compassionate responses to individuals in crisis. Experts suggest that the bill could lead to improved training for officers on mental health issues and better outcomes for individuals experiencing such crises.

As HB36 moves through the legislative process, its potential to reshape the intersection of law enforcement and mental health care in Hawaii remains a focal point of discussion. If passed, the bill could set a precedent for other states grappling with similar issues, marking a significant shift in how law enforcement agencies approach mental health crises. The bill is set to take effect on July 1, 3000, pending further legislative action.