BILL NUMBER: S1714
SPONSOR: BROUK
TITLE OF BILL:
An act to amend the public health law, the county law, the executive law
and the state finance law, in relation to prohibiting the use of the
term excited delirium as a diagnosis, label, or cause of death
PURPOSE OR GENERAL IDEA OF BILL:
Prohibits the use of the term 'excited delirium" as a diagnosis, label,
or cause of death.
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 4 of section 4141 of the Public Health Law
by adding a new paragraph (e) establishes that no death certificate can
cite "excited delirium" as a diagnosis, label, cause of death, or
contributing factor to any death. Defines the term "excited delirium" to
describe a person's state that is not listed in the current version of
the Diagnostic and Statistical Manual of Mental Disorders, or for which
the court finds there is insufficient scientific evidence or diagnostic
criteria to be recognized as a medical condition. Excited delirium also
includes excited delirium syndrome, excited delirium, hyperactive deli-
rium, agitated delirium, and exhaustive mania.
Section 2 amends section 677 of the County Law by adding a new subdivi-
sion 2a establishes that no report of any autopsy or other examination
shall cite 'excited delirium" as a cause or means of death. Defines the
term the same as Section 1.
Section 3 amends the Executive Law by adding a new section 837-y. Under
837y the bill,
1. Prohibiting the use of "excited delirium" by law enforcement officers
or peace officers in reports.
2. No law enforcement or peace officer shall take action, nor any train-
ing be provided that encourages action in response to an individual
being reported or diagnosed as "excited delirium".
3. Defines the term same as Section 1.
Section 4 amends the State Finance Law by adding a new section 139-m.
1. Used in this action (a) defines "contractor", (b) defines "public
agency", (c) defines "excited delirium".
2. No employee of a public agency, contractor, or employee of a contrac-
tor shall issue a diagnosis, report as a cause of death or contributing
factor to death or conduct any trainings or share materials attesting to
the validity of "excited delirium" as a cause of death.
3. No public agency or contractor shall adopt or maintain any policy or
procedure that acknowledges the validity of the diagnosis, cause of
death, or label of "excited delirium."
Section 5 sets the effective date.
JUSTIFICATION:
"Excited delirium" is a non-scientific term with a no scientific basis
as a legitimate diagnosis or cause of death, that is consistently used
to excuse and/or justify use of force against civilians by law enforce-
ment along with coroners and/or medical examiners to sever the
connection between the excessive force and the cause of death. Accord-
ing to New York Focus, the American Psychological Association denounced
the syndrome in 2020, expressing concern that it's "too non-specific"
and that "there have been no rigorous studies validating excited deliri-
um as a medical diagnosis." In 2021, the American Medical Association
decried it as "justification for excessive police force, disproportion-
ately cited in cases where Black men die in law enforcement custody."
A December 2021 Virginia Law Review article found that "between 2010 and
2020, Black people accounted for 43 percent of in-custody deaths that
named excited delirium as a possible cause, despite making up 13 percent
of the US population."
This concept has a racist history where it relies heavily on racist
tropes, including but not limited to "superhuman strength." This specif-
ically targets black and brown civilians, along with many minority
communities. To ensure proper safety and protection to our communities
from law enforcement this change should be made to protect and ensure
proper justice to our civilians.
LEGISLATIVE HISTORY:
2023-24: S9039A Amended and recommitted to Health.
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
Statutes affected: S1714: 4141 public health law, 4141(4) public health law, 677 county law