HOUSE OF REPRESENTATIVES	H.R. NO.	138
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII

HOUSE RESOLUTION

URGING THE legislature to prioritize the consideration of legislation prohibiting the use of "excited delirium", or similar pseudoscientific concepts, as a medical diagnosis, cause of death, or legal theory in the State of Hawaii.

WHEREAS, multiple committees of the Hawaii State Legislature have found that "excited delirium", sometimes referred to as "excited delirium syndrome", is not a recognized medical diagnosis, has no basis in accepted medical science, and lacks consistent or objective diagnostic criteria; and

WHEREAS, legislative committees have further found that "excited delirium" has, for decades, been invoked to justify or excuse the use of force by law enforcement, particularly in incidents involving individuals experiencing mental health crises and disproportionately affecting people of color; and

WHEREAS, legislative committees have found that the majority of major national and international medical organizations do not recognize "excited delirium" as a valid medical diagnosis and have disavowed its use in clinical, forensic, or legal contexts; and

WHEREAS, the House Committee on Health has found that "excited delirium" is not included in the Diagnostic and Statistical Manual of Mental Disorders, the authoritative classification system for mental health disorders used by medical professionals in the United States; and

WHEREAS, the House Committee on Judiciary and Hawaiian Affairs has found that the use of "excited delirium" as a purported diagnosis or explanation for deaths occurring in law enforcement custody has contributed to legal outcomes that obscure the true causes of death and undermine accountability and justice for affected individuals and their families; and

WHEREAS, there has never been an International Classification of Diseases (ICD-9 or ICD-10) code for "excited delirium", meaning it cannot be legitimately included as a cause of death for standardized medical or statistical reporting purposes; and

WHEREAS, despite the lack of medical recognition, "excited delirium" has appeared on autopsy reports and death certificates in Hawaii, and has been referenced in legal proceedings, including wrongful death cases involving deaths occurring during law enforcement encounters; and

WHEREAS, defense experts in certain Hawaii cases have testified that individuals who died during encounters with law enforcement succumbed to "excited delirium", even where that term was not listed as a cause of death, including the case involving Oahu military veteran Sheldon Haleck; and

WHEREAS, the Legislature has previously considered legislation that would have prohibited the use of "excited delirium" as a medical diagnosis, cause of death, or legal theory in the State, reflecting substantial legislative concern regarding the continued reliance on this discredited concept; now, therefore,

BE IT RESOLVED by the House of Representatives of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2026, that the Legislature is urged to prioritize the consideration of legislation prohibiting the use of "excited delirium", or similar pseudoscientific concepts, as a medical diagnosis, cause of death, or legal theory in the State of Hawaii; and

BE IT FURTHER RESOLVED that such legislation should ensure that medical determinations, official records, and legal proceedings in the State are grounded in scientifically valid and medically recognized principles; and

BE IT FURTHER RESOLVED that this Resolution be known as "The Haleck Resolution", in memory of veteran and Native Hawaiian Sheldon Haleck; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the President of the Senate and Speaker of the House of Representatives.

OFFERED BY:

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Report Title:

Excited Delirium; Medical Diagnosis; Cause of Death; Legal Theory; Legislation