House Judiciary advances package of health, safety and access bills; major changes to mental‑health emergency procedures approved

Honolulu — The House Committee on Judiciary & Hawaiian Affairs on Tuesday advanced a package of health, safety and access bills, most notably approving amendments to Senate Bill 1322 (SD2 HD1), a broad reexamination of Hawaii's mental‑health emergency statutes, and forwarding a separate ban on the use of “excited delirium” as a diagnostic rationale in death certificates and law‑enforcement reports.

The committee’s action matters because the measures change how emergency transports, involuntary treatment and provider liability are handled in Hawaii, and they move a set of public‑health and civil‑rights proposals closer to final votes in the Legislature.

SB 1322 — mental‑health emergency procedures

The committee adopted a package of amendments proposed by the attorney general and the Department of Health and agreed to several stakeholder changes before voting to advance the bill. Ian Souda of the Department of the Attorney General described the measure as “a comprehensive reexamination of Hawaii’s mental health code,” and said the draft reflects input from multiple state and local stakeholders.

Opponents urged caution. Lou Erticek of the Hawaii Disability Rights Center warned the bill’s immunity language would lower negligence standards for people transporting or detaining people in crisis and said, “I would urge this committee to take that out of there, entirely.” The ACLU of Hawaii, represented by Carrie Anne Shirota, testified that the measure “lacks due process safeguards, violates civil rights and civil liberties” and urged either shelving the bill for a stakeholder work group or adding stronger protections (including counsel for indigent respondents in assisted community treatment proceedings) and legislative reporting.

Health systems and hospitals provided detailed, technical amendments. Malia Espinda for Hawaii Health Systems Corporation and Queen’s Health representatives argued for restoring a 72‑hour stabilization window (the bill had proposed 48 hours) and for clarifying whether a second psychiatric examination is required under the new language. Espinda said the extra time ‘‘provide[s] additional time to stabilize that patient’’ and reduce administrative burdens.

Committee action: The chair recommended moving SB 1322 forward with the AG’s and DOH’s amendments, the Hawaii Disability Rights Center’s suggested edits, HHSC’s requests (including the 72‑hour restoration), and a reporting requirement proposed by the ACLU. The committee approved the motion with one member recorded as having a reservation (Representative Shimizu); Representative Kahalua was excused. The recommendation was adopted.

SB 228 — ban on ‘‘excited delirium’’ language in certificates and reports

Family testimony framed the debate. Verdell Halleck, whose son Sheldon died after a 2015 encounter with Honolulu police, said his son was “pepper sprayed 12 times, tased 3 times, and hung handcuffed and hogtied,” and urged lawmakers to prohibit the use of “excited delirium” as a medical diagnosis or cause of death. The Office of the Public Defender and multiple advocacy groups also testified in support, arguing major medical organizations have disavowed the term and it has been misused in policing‑custody deaths.

The Department of Health supported placing the prohibition in the existing statutory chapter dealing with death records. The committee approved the measure with minor drafting edits and advanced it; one member recorded a reservation during the roll call.

SB 1433 — harm reduction and syringe access

The committee considered a move from one‑for‑one syringe exchange to needs‑based distribution and added liability protections for participants and staff. The Department of Health supported needs‑based distribution, arguing it reduces syringe sharing and blood‑borne infections; Tim McCormack testified that “need‑based syringe access” helps prevent reuse and improperly discarded needles.

The attorney general asked for narrower drafting on a proposed immunity clause that would protect people possessing used syringes containing residue, noting concerns about breadth and how law enforcement would verify program participation. Harm‑reduction providers told the committee that liability protection is needed so participants can safely return used syringes rather than discarding them in public spaces; Heather Lusk of the Hawaii Health and Harm Reduction Center noted the program’s broader role connecting people to treatment.

The committee moved the bill forward with technical corrections and statutory citations clarified. Two members recorded no votes or reservations during the roll call.

Other measures with substantive debate and committee action

- SB 1323 (Uniform Health Care Decisions Act, includes so‑called “Ulysses clause” language): Deputy Attorney General James Walter explained that the Ulysses clause allows a competent person to provide advance direction about future treatment; the bill adds a safeguard requiring two unrelated witnesses for certain advance mental‑health directives. The committee approved technical amendments recommended by the Commission to Promote Uniform Legislation and moved the measure forward.

- SB 1429 (medical cannabis): The Department of Health asked that the bill take effect upon approval and reiterated the need to extend certain exempt positions. Testimony from medical‑cannabis advocates emphasized patient access, caregiver cultivation and the need for patient‑centric rules. The committee adopted the DOH‑requested effective‑date amendment and advanced the bill.

- SB 1373 (automatic licensure revocation for registered sex offenders in certain professions): Numerous licensing boards and the Department of Commerce and Consumer Affairs supported quicker revocation and denial authority; the committee added conforming drafting changes and moved the measure forward.

- SB 1496 (digital accessibility / civil rights for people with disabilities): Disability and access advocates, the Disability & Community Access Board and the National Federation of the Blind urged the committee to extend public‑accommodation protections to information and communication technology and to align timing with federal guidance. Several witnesses asked the Legislature to consider compliance timelines and small‑entity impacts. The committee adopted a clarifying amendment and advanced the bill; one member recorded a reservation.

- SB 1442 (updates to child and adolescent mental‑health statutory duties): The child and adolescent mental‑health division and Office of Hawaiian Affairs supported modernizing 50‑year‑old statute language to reflect current systems of care. The committee advanced the bill with technical corrections and an effective date.

Votes at a glance

The committee moved a dozen measures out of committee during the March 25 session. Below are the bills advanced, the committee’s formal action and the roll‑call outcome as recorded on the hearing record (yes/no/other). Members present for roll call: Chair Tarnas, Vice Chair Poipoi, Representatives Belotti, Cochran, Hashem, Kahalua (excused in several votes), Peruso, Takayama, Todd, Garcia, Shimizu.

- SB 1322 (SD2 HD1) — mental health; moved out with amendments (adopted AG/DOH/HHSC/ACLU reporting amendments). Roll call: 9 yes, 0 no, 1 reservation, 1 excused. - SB 1323 (SD2 HD1) — Uniform Health Care Decisions Act; moved out with technical amendments and two uniform‑law commission recommendations. Roll call: unanimous among present; 1 excused. - SB 1452 (SD1) — Uniform Controlled Substances Act update; moved out with technical statutory corrections. Roll call: unanimous among present; 1 excused. - SB 228 (SD1) — prohibits use of ‘‘excited delirium’’ as diagnosis/cause of death; moved out with minor edits. Roll call: recommendation adopted; 1 reservation recorded. - SB 1433 (SD2 HD1) — harm reduction / syringe exchange needs‑based distribution; moved out with statutory citation and technical corrections. Roll call: recommendation adopted; 2 members recorded no votes. - SB 1447 (SD1) — administrative orders: authority to keep cease‑and‑desist orders in effect during appeal; moved out as presented. Roll call: recommendation adopted. - SB 1429 (SD2 HD2) — medical cannabis (caregiver cultivation; DOH enforcement/positions); moved out with DOH effective‑date amendment (effective upon approval; retroactive provision). Roll call: recommendation adopted; some no votes recorded. - SB 1373 (SD2 HD1) — automatic licensure revocation for registered sex offenders (selected professions); moved out with drafting clarifications and expanded permit language. Roll call: recommendation adopted. - SB 1421 (SD1 HD1) — medical records retention and patient notice on access; moved out with technical amendments. Roll call: recommendation adopted. - SB 1496 (SD1 HD1) — civil rights / digital accessibility; moved out with clarifying insertion and technical edits. Roll call: recommendation adopted; 1 reservation recorded. - SB 1442 (SD2 HD1) — child & adolescent mental‑health statute updates; moved out with technical corrections and effective date. Roll call: recommendation adopted. - SB 1520 (SD1 HD1) — family law exemption from mediation where domestic abuse is alleged; moved out as presented. Roll call: recommendation adopted.

What stayed unresolved

Several testifiers urged additional stakeholder work groups or interim study before enacting broad changes, most prominently for SB 1322 (mental health). Civil‑liberties groups requested clearer due‑process guarantees for assisted community treatment (ACT) orders, counsel for indigent respondents at ACT proceedings, and mandatory reporting/oversight if the statute were to expand enforcement powers or immunity. The attorney general and health providers pressed for liability clarifications and operational details (who may transport, how data will be reported, whether a 72‑hour stabilization window should be restored). The committee advanced the bills while adopting many technical and programmatic amendments; outstanding policy tensions were left to be resolved in follow‑up negotiations and conference committees.

Process note and next steps

The committee hearing combined in‑person and Zoom testimony, and the chair indicated several measures will move to conference with style and technical amendments. Bills advanced by the committee now proceed to the next stages of legislative review. Interested parties — including hospital systems, disability advocates, harm‑reduction providers, law‑enforcement entities and family advocates — remain engaged and may appear in conference committee negotiations or subsequent hearings.

Ending

The committee spent more than two hours hearing and deciding on a broad array of public‑health, civil‑rights and procedural measures. Several high‑profile reforms — notably the mental‑health rewrites in SB 1322 and the ban on ‘‘excited delirium’’ in SB 228 — cleared the committee with amendments and will advance in the Legislature for further consideration.