NY State Senate Bill 2023-S9039

Current Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 11, 2024	referred to health

2023-S9039 (ACTIVE) - Details

See Assembly Version of this Bill:: A9414
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §4141, Pub Health L; amd §677, County L; add §837-y, Exec L; amd §3018, add §4551, CPLR; add §60.80, CP L; add §203-g, Lab L

2023-S9039 (ACTIVE) - Summary

Prohibits the use of the term "excited delirium" as a diagnosis, label, or cause of death on death certificates, autopsy reports, police reports or any report, policy or procedure by a public agency or contractor; prohibits the use of excited delirium as an affirmative defense in a civil case or as a defense in a criminal case; defines excited delirium.

2023-S9039 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9039

SPONSOR: BROUK
 
TITLE OF BILL:

An act to amend the public health law, the county law, the executive
law, the civil practice law and rules, the criminal procedure law and
the labor 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 2-a 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
837-y 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 training be provided that
encourages action in response to an individual being reported or diag-
nosed as "excited delirium". 3. Defines the term same as Section 1.

Section 4 amends subdivision (b) of section 3018 of the civil practice
law and rules by stating "excited delirium" cannot be used as a basis
for affirmative defense. Defines the term the same as Section 1. The
application of this subdivision shall not be confined to the instances
enumerated.

Section 5 amends the civil practice law and rules by adding a new
section 4551 that says 1. Evidence that a plaintiff, or decedent on
whose behalf a wrongful death action has been filed, suffered from
"excited delirium" shall be inadmissible, including but not limited to
evidence by expert witness, this section shall not limit the ability of
factual circumstances surrounding the subject of action.  2. Defines the
term same as Section 1.

Section 6 amends the criminal procedure law by adding a new section
60.80 rules of evidence that reads "excited delirium" cannot be used as
a defense in a prosecution for any criminal offense. 2. Evidence


3. This section does not limit the ability of a defendant to describe
the facts 4. Defines the term the same as Section 1.

Section 7 amends the labor law by adding a new section 203-g to read as
prohibiting the use of "excited delirium" 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 contractor 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 8 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 severe 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.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S9039 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9039
 
                             I N  S E N A T E
 
                              April 11, 2024
                                ___________
 
 Introduced  by  Sen.  BROUK  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, the  county  law,  the  executive
   law,  the civil practice law and rules, the criminal procedure law and
   the labor law, in relation to prohibiting the use of the term  excited
   delirium as a diagnosis, label, or cause of death

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4 of section 4141 of the public health  law  is
 amended by adding a new paragraph (e) to read as follows:
   (E)  NO  DEATH CERTIFICATE SHALL CITE EXCITED DELIRIUM AS A DIAGNOSIS,
 LABEL, CAUSE OF DEATH, OR CONTRIBUTING FACTOR  TO  ANY  DEATH.  FOR  THE
 PURPOSES  OF  THIS  PARAGRAPH,  THE TERM "EXCITED DELIRIUM" SHALL MEAN A
 TERM USED TO DESCRIBE A PERSON'S STATE OF AGITATION, EXCITABILITY, PARA-
 NOIA, EXTREME AGGRESSION, PHYSICAL VIOLENCE, AND  APPARENT  IMMUNITY  TO
 PAIN  THAT  IS  NOT LISTED IN THE MOST 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  DELIRIUM,
 AGITATED DELIRIUM, AND EXHAUSTIVE MANIA.
   § 2. Section 677 of the county law is amended by adding a new subdivi-
 sion 2-a to read as follows:
   2-A.  NO REPORT OF ANY AUTOPSY OR OTHER EXAMINATION SHALL CITE EXCITED
 DELIRIUM AS A CAUSE OR MEANS OR MANNER OF DEATH.  FOR  THE  PURPOSES  OF
 THIS  SUBDIVISION, THE TERM "EXCITED DELIRIUM" SHALL MEAN A TERM USED TO
 DESCRIBE A PERSON'S STATE OF AGITATION, EXCITABILITY, PARANOIA,  EXTREME
 AGGRESSION, PHYSICAL VIOLENCE, AND APPARENT IMMUNITY TO PAIN THAT IS NOT
 LISTED  IN  THE  MOST  CURRENT VERSION OF THE DIAGNOSTIC AND STATISTICAL
 MANUAL OF MENTAL DISORDERS, OR FOR WHICH THE COURT FINDS THERE IS INSUF-
 FICIENT SCIENTIFIC EVIDENCE OR DIAGNOSTIC CRITERIA TO BE RECOGNIZED AS A
 MEDICAL CONDITION.  EXCITED  DELIRIUM  ALSO  INCLUDES  EXCITED  DELIRIUM
 SYNDROME, EXCITED DELIRIUM, HYPERACTIVE DELIRIUM, AGITATED DELIRIUM, AND
 EXHAUSTIVE MANIA.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13987-03-4
 S. 9039                             2
 
   §  3.  The  executive  law is amended by adding a new section 837-y to
 read as follows:
   § 837-Y. PROHIBITION OF USE OF EXCITED DELIRIUM. 1. NO REPORT BY A LAW
 ENFORCEMENT OFFICER OR PEACE OFFICER SHALL REFERENCE EXCITED DELIRIUM IN
 SUCH REPORT.
   2.  NO  LAW ENFORCEMENT OFFICER OR PEACE OFFICER SHALL TAKE ANY ACTION
 WITH RESPECT TO AN INDIVIDUAL IN RESPONSE TO SUCH INDIVIDUAL BEING DIAG-
 NOSED OR LABELED AS HAVING OR BEING IN A STATE OF EXCITED DELIRIUM.   NO
 TRAINING  SHALL  BE  PROVIDED  THAT REQUIRES, ENCOURAGES, OR PERMITS ANY
 ACTION IN RESPONSE TO AN INDIVIDUAL BEING DIAGNOSED OR LABELED AS HAVING
 OR BEING IN A STATE OF EXCITED DELIRIUM.
   3. FOR THE PURPOSES OF THIS SECTION, "EXCITED DELIRIUM" SHALL  MEAN  A
 TERM USED TO DESCRIBE A PERSON'S STATE OF AGITATION, EXCITABILITY, PARA-
 NOIA,  EXTREME  AGGRESSION,  PHYSICAL VIOLENCE, AND APPARENT IMMUNITY TO
 PAIN THAT IS NOT LISTED IN THE MOST 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  DELIRIUM,
 AGITATED DELIRIUM, AND EXHAUSTIVE MANIA.
   § 4. Subdivision (b) of section 3018 of the  civil  practice  law  and
 rules, as amended by chapter 504 of the laws of 1980, is amended to read
 as follows:
   (b) Affirmative defenses. A party shall plead all matters which if not
 pleaded  would  be likely to take the adverse party by surprise or would
 raise issues of fact not appearing on the face of a prior pleading  such
 as  arbitration and award, collateral estoppel, culpable conduct claimed
 in diminution of damages as set forth  in  article  fourteen-A  OF  THIS
 CHAPTER,  discharge  in  bankruptcy,  facts showing illegality either by
 statute or common law, fraud, infancy or other disability of  the  party
 defending, payment, release, res judicata, statute of frauds, or statute
 of  limitation;  PROVIDED,  HOWEVER,  THAT A PARTY SHALL NOT USE EXCITED
 DELIRIUM AS A BASIS FOR AN AFFIRMATIVE DEFENSE.   FOR  THE  PURPOSES  OF
 THIS  SUBDIVISION, "EXCITED DELIRIUM" SHALL MEAN A TERM USED TO DESCRIBE
 A  PERSON'S  STATE  OF  AGITATION,   EXCITABILITY,   PARANOIA,   EXTREME
 AGGRESSION, PHYSICAL VIOLENCE, AND APPARENT IMMUNITY TO PAIN THAT IS NOT
 LISTED  IN  THE  MOST  CURRENT VERSION OF THE DIAGNOSTIC AND STATISTICAL
 MANUAL OF MENTAL DISORDERS, OR FOR WHICH THE COURT FINDS THERE IS INSUF-
 FICIENT SCIENTIFIC EVIDENCE OR DIAGNOSTIC CRITERIA TO BE RECOGNIZED AS A
 MEDICAL CONDITION.  EXCITED  DELIRIUM  ALSO  INCLUDES  EXCITED  DELIRIUM
 SYNDROME, EXCITED DELIRIUM, HYPERACTIVE DELIRIUM, AGITATED DELIRIUM, AND
 EXHAUSTIVE  MANIA.  The  application  of  this  subdivision shall not be
 confined to the instances enumerated.
   § 5. The civil practice law and rules  is  amended  by  adding  a  new
 section 4551 to read as follows:
   § 4551. EXCITED DELIRIUM. 1. EVIDENCE THAT A PLAINTIFF, OR DECEDENT ON
 WHOSE  BEHALF  A  WRONGFUL  DEATH  ACTION  HAS BEEN FILED, SUFFERED FROM
 EXCITED DELIRIUM SHALL BE INADMISSIBLE, INCLUDING  BUT  NOT  LIMITED  TO
 EVIDENCE  PRESENTED  BY  EXPERT  WITNESSES; PROVIDED, HOWEVER, THAT THIS
 SECTION SHALL NOT BE CONSTRUED TO LIMIT THE ABILITY OF  A  DEFENDANT  TO
 DESCRIBE  THE  FACTUAL  CIRCUMSTANCES  SURROUNDING  THE  SUBJECT  OF THE
 ACTION, INCLUDING THE BEHAVIOR OF A  PLAINTIFF,  OR  DECEDENT  ON  WHOSE
 BEHALF  A WRONGFUL DEATH ACTION HAS BEEN FILED, SO LONG AS NO DIAGNOSIS,
 CAUSE OF DEATH, OR LABEL FITTING THE DEFINITION OF EXCITED  DELIRIUM  IS
 USED.
 S. 9039                             3
 
   2.  FOR  THE PURPOSES OF THIS SECTION, "EXCITED DELIRIUM" SHALL MEAN A
 TERM USED TO DESCRIBE A PERSON'S STATE OF AGITATION, EXCITABILITY, PARA-
 NOIA, EXTREME AGGRESSION, PHYSICAL VIOLENCE, AND  APPARENT  IMMUNITY  TO
 PAIN  THAT  IS  NOT LISTED IN THE MOST 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  DELIRIUM,
 AGITATED DELIRIUM, AND EXHAUSTIVE MANIA.
   § 6. The criminal procedure law is amended by  adding  a  new  section
 60.80 to read as follows:
 § 60.80 RULES OF EVIDENCE; EXCITED DELIRIUM.
   1.  EXCITED  DELIRIUM  SHALL NOT BE USED AS A DEFENSE IN A PROSECUTION
 FOR ANY CRIMINAL OFFENSE.
   2. EVIDENCE THAT AN ALLEGED VICTIM OF A CRIME  SUFFERED  FROM  EXCITED
 DELIRIUM  SHALL BE INADMISSIBLE BY A DEFENDANT IN A CRIMINAL PROCEEDING,
 INCLUDING BUT NOT LIMITED TO EVIDENCE PRESENTED BY EXPERT WITNESSES.
   3. THIS SECTION SHALL NOT BE CONSTRUED  TO  LIMIT  THE  ABILITY  OF  A
 DEFENDANT  TO DESCRIBE THE FACTUAL CIRCUMSTANCES SURROUNDING THE SUBJECT
 OF A CRIMINAL PROCEEDING, INCLUDING THE BEHAVIOR OF AN  ALLEGED  VICTIM,
 SO LONG AS NO DIAGNOSIS, CAUSE OF DEATH, OR LABEL FITTING THE DEFINITION
 OF EXCITED DELIRIUM IS USED.
   4.  FOR  THE PURPOSES OF THIS SECTION, "EXCITED DELIRIUM" SHALL MEAN A
 TERM USED TO DESCRIBE A PERSON'S STATE OF AGITATION, EXCITABILITY, PARA-
 NOIA, EXTREME AGGRESSION, PHYSICAL VIOLENCE, AND  APPARENT  IMMUNITY  TO
 PAIN  THAT  IS  NOT LISTED IN THE MOST 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  DELIRIUM,
 AGITATED DELIRIUM, AND EXHAUSTIVE MANIA.
   § 7. The labor law is amended by adding a new section 203-g to read as
 follows:
   §  203-G.  PROHIBITION  OF USE OF EXCITED DELIRIUM. 1. AS USED IN THIS
 SECTION:
   (A) "CONTRACTOR" MEANS ANY  PERSON,  FIRM,  PARTNERSHIP,  CORPORATION,
 ASSOCIATION,  COMPANY,  ORGANIZATION  OR  OTHER  SIMILAR  ENTITY, OR ANY
 COMBINATION THEREOF, INCLUDING ANY SUBCONTRACTOR THEREOF,  THAT  EMPLOYS
 EMPLOYEES TO PERFORM WORK PURSUANT TO AN AGREEMENT WITH A PUBLIC AGENCY.
   (B)  "PUBLIC  AGENCY"  MEANS  THE  STATE,  AND ANY DEPARTMENT, AGENCY,
 BOARD, BUREAU, COMMISSION, DIVISION, COUNCIL OR OFFICE OF THE  STATE  OR
 ANY  POLITICAL SUBDIVISION THEREOF, AS DEFINED IN SECTION ONE HUNDRED OF
 THE GENERAL MUNICIPAL LAW, A MUNICIPAL CORPORATION AS DEFINED IN SECTION
 SIXTY-SIX OF THE GENERAL CONSTRUCTION LAW AND ANY  DISTRICT  THEREOF,  A
 PUBLIC  BENEFIT  CORPORATION,  OR LOCAL OR STATE AUTHORITY AS DEFINED IN
 SECTION TWO OF THE PUBLIC AUTHORITIES LAW, AND ANY OTHER ENTITY  AUTHOR-
 IZED  AND EMPOWERED TO ENTER INTO ANY CONTRACT OR ARRANGEMENT TO CONDUCT
 ECONOMIC DEVELOPMENT ACTIVITY ON BEHALF OF ANY SUCH PUBLIC AGENCY.
   (C) "EXCITED DELIRIUM" MEANS A TERM USED TO DESCRIBE A PERSON'S  STATE
 OF  AGITATION,  EXCITABILITY,  PARANOIA,  EXTREME  AGGRESSION,  PHYSICAL
 VIOLENCE, AND APPARENT IMMUNITY TO PAIN THAT IS NOT LISTED IN  THE  MOST
 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  DELI-
 RIUM, HYPERACTIVE DELIRIUM, AGITATED DELIRIUM, AND EXHAUSTIVE MANIA.
 S. 9039                             4

   2.  NO  EMPLOYEE  OF  A  PUBLIC  AGENCY OR CONTRACTOR OR EMPLOYEE OF A
 CONTRACTOR SHALL ISSUE A DIAGNOSIS OF EXCITED DELIRIUM,  REPORT  EXCITED
 DELIRIUM  AS  A  CAUSE  OF DEATH OR A CONTRIBUTING FACTOR TO A 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, INCLUDING BUT NOT LIMITED TO POLICE MANUALS AND TRAININGS,
 THAT ACKNOWLEDGES THE VALIDITY OF THE  DIAGNOSIS,  CAUSE  OF  DEATH,  OR
 LABEL OF EXCITED DELIRIUM.
   § 8. This act shall take effect immediately.

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Senate Bill S9039

Sponsored By

Current Bill Status - In Senate Committee Health Committee

2023-S9039 (ACTIVE) - Details

2023-S9039 (ACTIVE) - Summary

2023-S9039 (ACTIVE) - Sponsor Memo

2023-S9039 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9039

Share this bill

Sponsored By

Samra G. Brouk

Current Bill Status - In Senate Committee Health Committee

2023-S9039 (ACTIVE) - Details

2023-S9039 (ACTIVE) - Summary

2023-S9039 (ACTIVE) - Sponsor Memo

2023-S9039 (ACTIVE) - Bill Text download pdf

Comments