SB 228 Hawaii Senate · 2026 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)
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 2, 2026
Maddy AI version diff · 3 comparisons

What changed between versions

SB228_HD2 SB228_SD1 · 7 edits
MODERATE
This bill was revised to remove references to 'medical diagnosis' and 'health care providers' from the prohibition on using 'excited delirium' as a cause of death. The scope was narrowed to apply only to local health officers and agents of the Department of Health, while the effective date was moved from July 1, 3000, to December 31, 2050.
Scope change
The bill's scope was narrowed by removing provisions that restricted physicians and other health care providers, limiting the ban on using 'excited delirium' as a cause of death to local health officers and Department of Health agents only.
SCOPE

Removed the prohibition on medical examiners, coroners, and health care providers from using 'excited delirium' as a cause of death.

Removed the amendment to Chapter 327C that added 'Medical Diagnosis' to the chapter title.

REQUIREMENT

Changed the requirement to prohibit only local health officers and Department of Health agents from using 'excited delirium' as a cause of death.

Removed the amendment to Chapter 353C regarding incident reports for law enforcement officers.

Removed the amendment to Hawaii Rules of Evidence prohibiting evidence of excited delirium in civil actions.

DEFINITION

Removed the definition of 'excited delirium' that included conditions not in the DSM or lacking scientific evidence, keeping only the DSM-based definition.

TIMELINE

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

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
37
Key actions
10
Committee
11
Amendments
1
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
Upper · Passed
Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC.
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

Sponsors