Senate approves bill restricting use of 'excited delirium' in custody deaths

The New York State Senate on April 1, 2025, passed legislation restricting the use of the term “excited delirium” in determinations of deaths that occur in police custody.

Supporters said the move responds to concerns from medical organizations and civil-rights advocates. Senator Brooke, speaking on the Senate floor, cited the 2020 death of Daniel Prude in Rochester and said the term is “rooted in pseudoscience” and “has wreaked harm on Black individuals.” She said organizations including the American Medical Association and the American Psychiatric Association have opposed use of the term and urged colleagues to approve the bill.

Senator Brooke said, “This legislation will promote accountability, advance criminal justice, and end a blatantly racist practice that has wreaked harm on Black individuals.” She delivered those remarks while explaining her vote.

The chamber announced the result as: yes 45, no 17. The roll call listing the no votes included, as read from the record, Senators Barrello; K. Fitzpatrick; Chan; Brisport; Helming; Lanza; Martins; Matera; O’Mara; Ort; Rhodes; Steck; Walczyk; Webb; and White, among others cited in the negative list on the public record for this calendar vote. The legislation was recorded as passed.

The Senate debate and the sponsor’s floor statement focused on the term’s medical credibility and disproportionate impact on Black New Yorkers who die in custody. The sponsor referenced national examples and professional associations that have questioned the diagnosis. The Senate did not include additional statutory citations during the floor statement.

The bill’s passage amends state law as described in the bill text on the calendar and will become law according to the effective date printed in the legislation.