NY State Senate Bill 2025-S1714

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
Jan 13, 2025	referred to health

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2025-S1714 (ACTIVE) - Details

See Assembly Version of this Bill:: A697
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; add §139-m, St Fin L
Versions Introduced in 2023-2024 Legislative Session:: S9039, A9414

2025-S1714 (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; defines excited delirium.

2025-S1714 (ACTIVE) - Sponsor Memo

                                 
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.

2025-S1714 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1714
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2025
                                ___________
 
 Introduced by Sens. BROUK, BRISPORT, GIANARIS, RAMOS, SALAZAR, SEPULVEDA
   -- 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
   and  the  state finance 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.
                                                            LBD02051-01-5
 S. 1714                             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. The state finance law is amended by adding a new section 139-m to
 read as  follows:
   § 139-M. 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.
   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.
   § 5. This act shall take effect immediately.

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Senate Bill S1714

Sponsored By

Current Bill Status - In Senate Committee Health Committee

co-Sponsors

2025-S1714 (ACTIVE) - Details

2025-S1714 (ACTIVE) - Summary

2025-S1714 (ACTIVE) - Sponsor Memo

2025-S1714 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1714

Share this bill

Sponsored By

Samra G. Brouk

Current Bill Status - In Senate Committee Health Committee

co-Sponsors

Jabari Brisport

Michael Gianaris

Jessica Ramos

Julia Salazar

2025-S1714 (ACTIVE) - Details

2025-S1714 (ACTIVE) - Summary

2025-S1714 (ACTIVE) - Sponsor Memo

2025-S1714 (ACTIVE) - Bill Text download pdf

Comments