Hawaii 2026 Regular Session

Hawaii House Bill HR138

Introduced
3/16/26  
Refer
3/18/26  
Report Pass
4/1/26  
Refer
4/1/26  
Report Pass
4/9/26  

Caption

Urging The Prohibition Of The Use Of "excited Delirium", Or Similar Pseudoscientific Concepts, As A Medical Diagnosis, Cause Of Death, Or Legal Theory In The State Of Hawaii.

Impact

If enacted, HR138 would significantly impact how medical determinations and legal proceedings are conducted related to instances of death in custody. By disallowing the use of 'excited delirium', it would promote reliance on evidence-based medical science, enhancing accountability in law enforcement interactions and ensuring more just outcomes for individuals and their families. The resolution also calls for counties to adhere to this directive, thereby standardizing practices across the state.

Summary

House Resolution 138 urges the prohibition of the use of 'excited delirium' as a medical diagnosis, cause of death, or legal theory in the State of Hawaii. The resolution highlights that the concept of 'excited delirium' lacks recognition in major medical guidelines, including the Diagnostic and Statistical Manual of Mental Disorders, and discredits its application in clinical and forensic contexts. Additionally, the document cites a history of the term being used to justify excessive force by law enforcement, particularly against individuals in crisis, which disproportionately affects marginalized communities.

Sentiment

The sentiment surrounding HR138 appears to be predominantly supportive among mental health advocates and lawmakers focused on social justice. They argue that the bill is a necessary step to eliminate a pseudoscientific concept that has historically been exploited to shield law enforcement from accountability. However, the opposition, while not prominently noted, may arise from those invested in the operational practices of law enforcement or groups worried about the implications of redefining medical and legal norms related to such encounters.

Contention

The contention focuses on the perceived reliability of 'excited delirium' within the legal system, with debates centering on its historical use to explain police behavior during fatal encounters. Critics assert that abandoning this concept could hinder the understanding of complex interactions between law enforcement and individuals facing mental health crises. Thus, while the resolution aims to enhance ethical standards in diagnosis and legal practices, it may also stir concern among those who believe it might minimize particular nuances involved in such sensitive cases.

Companion Bills

HI HCR146

Same As Urging The Prohibition Of The Use Of "excited Delirium", Or Similar Pseudoscientific Concepts, As A Medical Diagnosis, Cause Of Death, Or Legal Theory In The State Of Hawaii.

Previously Filed As

HI HB36

Relating To Excited Delirium.

HI SB228

Relating To Excited Delirium.

HI SB705

Relating To Excited Delirium.

HI SR200

Requesting The Governor To Increase Knowledge And Use Of Native Hawaiian Concepts And Practices On Health And Well-being In The State Council On Mental Health.

HI SCR225

Requesting The Governor To Increase Knowledge And Use Of Native Hawaiian Concepts And Practices On Health And Well-being In The State Council On Mental Health.

HI HR186

Requesting The Office Of Hawaiian Affairs To Convene A Working Group To Examine And Consider The Transfer Of Native Hawaiian Burial Site Management Under Chapter 6e, Hawaii Revised Statutes, From The State Historic Preservation Division To The Office Of Hawaiian Affairs.

HI HR120

Encouraging The Kawaihuelani Center For Hawaiian Language Of The University Of Hawaii At Manoa To Further Provide Learning Resources And Opportunities That Promote Hawaiian Language And Culture.

HI HCR193

Requesting The Office Of Hawaiian Affairs To Convene A Working Group To Examine And Consider The Transfer Of Native Hawaiian Burial Site Management Under Chapter 6e, Hawaii Revised Statutes, From The State Historic Preservation Division To The Office Of Hawaiian Affairs.

HI SCR181

Urging The Department Of Transportation To Establish A Working Group On Lowering The Legal Limit Of Blood Alcohol Concentration To 0.05 Grams Of Alcohol Per One Hundred Milliliters Of Blood With The Intent Of Prioritizing Safety And Saving Lives On Hawaii's Roads.

HI SCR161

Requesting The Office Of Hawaiian Affairs To Convene A Working Group To Examine And Consider The Transfer Of Native Hawaiian Burial Site Management Under Chapter 6e, Hawaii Revised Statutes, From The State Historic Preservation Division To The Office Of Hawaiian Affairs.

Similar Bills

HI SB228

Relating To Excited Delirium.

HI SB705

Relating To Excited Delirium.

HI SB228

Relating To Excited Delirium.

HI SB705

Relating To Excited Delirium.

HI HB36

Relating To Excited Delirium.

HI HB36

Relating To Excited Delirium.

HI SB924

Relating To Public Safety.

HI HCR146

Urging The Prohibition Of The Use Of "excited Delirium", Or Similar Pseudoscientific Concepts, As A Medical Diagnosis, Cause Of Death, Or Legal Theory In The State Of Hawaii.