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Hawaii law prohibits law enforcement from using excited delirium in incident reports

January 24, 2024 | 2024 Introduced Bills, Senate, 2024 Bills, Hawaii Legislation Bills, Hawaii



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Hawaii law prohibits law enforcement from using excited delirium in incident reports
In the heart of Hawaii's legislative chambers, a significant shift in the conversation surrounding mental health and law enforcement practices is taking shape. On January 24, 2024, the Hawaii Senate introduced SB2033, a bill aimed at prohibiting the use of the term "excited delirium" in law enforcement reports and civil court proceedings. This proposed legislation seeks to address growing concerns over the implications of labeling individuals with this controversial diagnosis, which has been criticized for its lack of scientific backing.

The bill's primary provisions are straightforward yet impactful. It mandates that law enforcement officers refrain from using the term "excited delirium" when documenting incidents involving individuals displaying agitation or aggressive behavior. Instead, officers are encouraged to describe the observable conduct without attributing it to this disputed condition. Furthermore, the bill stipulates that evidence of excited delirium cannot be introduced in civil cases, effectively barring its use as a defense or explanatory factor in legal proceedings.

Critics of the excited delirium diagnosis argue that it has been misused in cases involving police encounters, often to justify excessive force or to absolve officers of responsibility in fatal incidents. By removing this term from official reports and court discussions, SB2033 aims to foster a more accurate understanding of mental health crises and promote accountability within law enforcement.

The bill has sparked notable debates among lawmakers, mental health advocates, and law enforcement officials. Proponents argue that the legislation is a necessary step toward reforming how mental health issues are perceived and addressed in high-stress situations. They emphasize the need for more reliable diagnostic criteria and the importance of protecting individuals from potentially harmful labels. Conversely, some law enforcement representatives express concerns that the bill may hinder officers' ability to communicate effectively about dangerous situations, potentially complicating their responses to crises.

The implications of SB2033 extend beyond legal terminology; they touch on broader social and political issues surrounding mental health awareness and police reform. Experts suggest that the bill could pave the way for more comprehensive training for officers in handling mental health crises, ultimately leading to better outcomes for individuals in distress.

As the legislative process unfolds, the future of SB2033 remains uncertain. However, its introduction marks a pivotal moment in Hawaii's ongoing dialogue about mental health, law enforcement practices, and the need for a more compassionate and informed approach to crisis intervention. The outcome of this bill could resonate far beyond the islands, influencing similar discussions across the nation.

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