CHAPTER 3.5. Excited Delirium [24400 - 24403]
( Chapter 3.5 added by Stats. 2023, Ch. 431, Sec. 2. )
For the purposes of this chapter, “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 delirium, hyperactive delirium, agitated delirium, and exhaustive mania.
(Added by Stats. 2023, Ch. 431, Sec. 2. (AB 360) Effective January 1, 2024.)
(a) Excited delirium shall not be recognized as a valid medical diagnosis or cause of death in this state.
(b) A state or local government entity, or employee or contractor of a state or local government entity, shall not document, testify to, or otherwise use in any official capacity or communication excited delirium as a recognized medical diagnosis or cause of death.
(c) A
coroner, medical examiner, physician, or physician assistant shall not state on the certificate of death, or in any report, that the cause of death was excited delirium. The term excited delirium and terms inclusive of excited delirium defined in Section 24400 shall not be listed anywhere on the death certificate.
(Added by Stats. 2023, Ch. 431, Sec. 2. (AB 360) Effective January 1, 2024.)
A peace officer shall not use the term excited delirium to describe an individual in an incident report completed by a peace officer. A peace officer may describe the characteristics of an individual’s conduct, but shall not generally describe the individual’s demeanor, conduct, or physical and mental condition at issue as excited delirium.
(Added by Stats. 2023, Ch. 431, Sec. 2. (AB 360) Effective January 1, 2024.)
Pursuant to Section 1156.5 of the Evidence Code, evidence that a person suffered or experienced excited delirium is inadmissible in any civil action. A party or witness may describe the factual circumstances surrounding the case, including a person’s demeanor, conduct, and physical and mental condition at issue, including, but not limited to, a person’s state of agitation, excitability, paranoia, extreme aggression, physical violence, and apparent immunity to pain, but shall not describe or diagnose such demeanor, conduct, or condition
by use of the term excited delirium, or attribute such demeanor, conduct, or physical and mental condition to that term.
(Added by Stats. 2023, Ch. 431, Sec. 2. (AB 360) Effective January 1, 2024.)