STATE OF NEW YORK ________________________________________________________________________ 697 2025-2026 Regular Sessions IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. GONZALEZ-ROJAS, MEEKS, EPSTEIN, DAVILA, LUCAS, LUNSFORD, SIMON, REYES, BORES, CLARK, TAYLOR, ROSENTHAL, GALLAGHER, BURDICK, SHIMSKY, MAMDANI, CUNNINGHAM -- read once and referred 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: 1 Section 1. Subdivision 4 of section 4141 of the public health law is 2 amended by adding a new paragraph (e) to read as follows: 3 (e) No death certificate shall cite excited delirium as a diagnosis, 4 label, cause of death, or contributing factor to any death. For the 5 purposes of this paragraph, the term "excited delirium" shall mean a 6 term used to describe a person's state of agitation, excitability, para- 7 noia, extreme aggression, physical violence, and apparent immunity to 8 pain that is not listed in the most current version of the Diagnostic 9 and Statistical Manual of Mental Disorders, or for which the court finds 10 there is insufficient scientific evidence or diagnostic criteria to be 11 recognized as a medical condition. Excited delirium also includes 12 excited delirium syndrome, excited delirium, hyperactive delirium, 13 agitated delirium, and exhaustive mania. 14 § 2. Section 677 of the county law is amended by adding a new subdivi- 15 sion 2-a to read as follows: 16 2-a. No report of any autopsy or other examination shall cite excited 17 delirium as a cause or means or manner of death. For the purposes of 18 this subdivision, the term "excited delirium" shall mean a term used to 19 describe a person's state of agitation, excitability, paranoia, extreme 20 aggression, physical violence, and apparent immunity to pain that is not 21 listed in the most current version of the Diagnostic and Statistical EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02051-01-5A. 697 2 1 Manual of Mental Disorders, or for which the court finds there is insuf- 2 ficient scientific evidence or diagnostic criteria to be recognized as a 3 medical condition. Excited delirium also includes excited delirium 4 syndrome, excited delirium, hyperactive delirium, agitated delirium, and 5 exhaustive mania. 6 § 3. The executive law is amended by adding a new section 837-y to 7 read as follows: 8 § 837-y. Prohibition of use of excited delirium. 1. No report by a law 9 enforcement officer or peace officer shall reference excited delirium in 10 such report. 11 2. No law enforcement officer or peace officer shall take any action 12 with respect to an individual in response to such individual being diag- 13 nosed or labeled as having or being in a state of excited delirium. No 14 training shall be provided that requires, encourages, or permits any 15 action in response to an individual being diagnosed or labeled as having 16 or being in a state of excited delirium. 17 3. For the purposes of this section, "excited delirium" shall mean a 18 term used to describe a person's state of agitation, excitability, para- 19 noia, extreme aggression, physical violence, and apparent immunity to 20 pain that is not listed in the most current version of the Diagnostic 21 and Statistical Manual of Mental Disorders, or for which the court finds 22 there is insufficient scientific evidence or diagnostic criteria to be 23 recognized as a medical condition. Excited delirium also includes 24 excited delirium syndrome, excited delirium, hyperactive delirium, 25 agitated delirium, and exhaustive mania. 26 § 4. The state finance law is amended by adding a new section 139-m to 27 read as follows: 28 § 139-m. Prohibition of use of excited delirium. 1. As used in this 29 section: 30 (a) "Contractor" means any person, firm, partnership, corporation, 31 association, company, organization or other similar entity, or any 32 combination thereof, including any subcontractor thereof, that employs 33 employees to perform work pursuant to an agreement with a public agency. 34 (b) "Public agency" means the state, and any department, agency, 35 board, bureau, commission, division, council or office of the state or 36 any political subdivision thereof, as defined in section one hundred of 37 the general municipal law, a municipal corporation as defined in section 38 sixty-six of the general construction law and any district thereof, a 39 public benefit corporation, or local or state authority as defined in 40 section two of the public authorities law, and any other entity author- 41 ized and empowered to enter into any contract or arrangement to conduct 42 economic development activity on behalf of any such public agency. 43 (c) "Excited delirium" means a term used to describe a person's state 44 of agitation, excitability, paranoia, extreme aggression, physical 45 violence, and apparent immunity to pain that is not listed in the most 46 current version of the Diagnostic and Statistical Manual of Mental 47 Disorders, or for which the court finds there is insufficient scientific 48 evidence or diagnostic criteria to be recognized as a medical condition. 49 Excited delirium also includes excited delirium syndrome, excited deli- 50 rium, hyperactive delirium, agitated delirium, and exhaustive mania. 51 2. No employee of a public agency or contractor or employee of a 52 contractor shall issue a diagnosis of excited delirium, report excited 53 delirium as a cause of death or a contributing factor to a death, or 54 conduct any trainings or share materials attesting to the validity of 55 excited delirium as a cause of death.A. 697 3 1 3. No public agency or contractor shall adopt or maintain any policy 2 or procedure, including but not limited to police manuals and trainings, 3 that acknowledges the validity of the diagnosis, cause of death, or 4 label of excited delirium. 5 § 5. This act shall take effect immediately.