STAND. COM. REP. NO. 1888-26

Honolulu, Hawaii

, 2026

RE: H.C.R. No. 146

H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.C.R. No. 146, H.D. 1, entitled:

"HOUSE CONCURRENT RESOLUTION 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,"

begs leave to report as follows:

The purpose of this measure is to urge 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, and to encourage that medical determinations, official records, and legal proceedings be grounded in scientifically valid and medically recognized principles. This measure would also be transmitted to the Mayors of the counties of Maui, Kauai, Hawaii; the Mayor of the City and County of Honolulu; and the Chairpersons of the Maui County Council, Kauai County Council, and Hawaii County Council; and Chairperson of the Honolulu City Council.

Your Committee has received testimony in support of this measure from Haddad and Sherwin LLP, Hawaii Disability Rights Center, Aloha Independent Living Hawaii, Community Alliance on Prisons, ACLU of Hawaii, and seventeen individuals.

Your Committee finds that even though most major national and international medical organizations have disavowed the use of the term "excited delirium" in clinical, forensic, or legal contexts, it is still being used by law enforcement in cases where force is used, and a death occurs. Your Committee also finds that this term was enough of an explanation to allow the Honolulu Police Department to prevail against a civil suit brought against them in the case of Sheldon Haleck. Your Committee believes that disallowing the use of this term in official capacities will close a large hole that exists in the justice system, which has so far left a viable excuse for the use of excessive force by police departments.

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 146, H.D. 1, and recommends its adoption.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

DAVID A. TARNAS, Chair