# Hawaii SB 228: RELATING TO EXCITED DELIRIUM.

Hawaii SB 228, RELATING TO EXCITED DELIRIUM., is a 2025–2026 Regular Session (Year 2) Senate bill sponsored by Brandon J.C. Elefante (Democratic); status failed, last action 2026-04-02 (Received notice of the discharge of all House Conferees (Hse. Com. No. 457).) (as of 2026-11-01).

- Canonical: https://policyrisk.com/state-bill/HI-SB228-2026
- As of: 2026-11-01
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Bill: Hawaii SB 228
- State: Hawaii
- Session: 2025–2026 Regular Session (Year 2)
- Title: RELATING TO EXCITED DELIRIUM.
- Status: failed
- Chamber: Senate
- Introduced: 2025-01-13
- Last action: 2026-04-02, Received notice of the discharge of all House Conferees (Hse. Com. No. 457).
- Sponsor: Brandon J.C. Elefante (Democratic)
- Cosponsors: 2
- Subjects: Excited Delirium, Medical Diagnosis, Cause of Death, Incident Report, Law Enforcement Officers, Hawaii Rules of Evidence, HLT, JHA
- Touches household money: no
- Roll calls: 8 (150 yes, 3 no in all)
- Economic provisions PRIA read: 0

## Summary

Prohibits excited delirium from being recognized as a valid medical diagnosis or cause of death in the State. Prohibits a medical examiner, coroner, or health care provider from stating on a certificate of death or in any report that the cause of death was excited delirium. Prohibits law enforcement officers from using the term excited delirium to describe an individual in an incident report. Establishes a new Hawaii Rule of Evidence that deems evidence that a person experienced or suffered an excited delirium inadmissible in a civil action. Effective 7/1/3000. (HD2)

## Bill overview

No economic impacts identified for this bill.

## Sponsors and cosponsors

- Sponsor: Brandon J.C. Elefante (Democratic), Senate
- Cosponsor: Stanley Chang (Democratic), Senate
- Cosponsor: Kurt Fevella (Republican), Senate

## Roll call votes

| Date | Chamber | Motion | Result | Yes | No | Other |
| --- | --- | --- | --- | --- | --- | --- |
| 2025-04-04 | House | House Floor Vote | pass | 50 | 0 |   |
| 2025-03-25 | House | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The ... | pass | 10 | 0 |   |
| 2025-03-21 | House | Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA... | pass | 46 | 0 |   |
| 2025-03-19 | House | The committee on HLT recommend that the measure be PASSED, WITH AMENDMENTS. The ... | pass | 9 | 0 |   |
| 2025-03-04 | Senate | Senate Floor Vote | pass | 23 | 2 |   |
| 2025-02-20 | Senate | The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED. The... | pass | 4 | 0 |   |
| 2025-02-07 | Senate | The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENT... | pass | 4 | 0 |   |
| 2025-02-07 | Senate | The committee(s) on PSM recommend(s) that the measure be PASSED, WITH AMENDMENT... | pass | 4 | 1 |   |

## Actions (37)

- 2026-04-02: Received notice of the discharge of all House Conferees (Hse. Com. No. 457). (Senate)
- 2026-04-01: House Conferee(s) discharged. (House)
- 2026-03-20: Senate Conferee(s) discharged. (Senate)
- 2026-03-20: Received notice of all Senate conferees being discharged (Sen. Com. No. 409). (House)
- 2025-12-08: Carried over to 2026 Regular Session.
- 2025-04-16: Senate Conferees Appointed: San Buenaventura Chair; Elefante, Chang Co-Chairs. (Senate)
- 2025-04-16: Received notice of Senate conferees (Sen. Com. No. 809). (House)
- 2025-04-15: Received notice of appointment of House conferees (Hse. Com. No. 731). (Senate)
- 2025-04-14: House Conferees Appointed: Takayama, Poepoe Co-Chairs; Garcia. (House)
- 2025-04-08: Received from House (Hse. Com. No. 573). (Senate)
- 2025-04-08: Senate disagrees with House amendments. (Senate)
- 2025-04-08: Received notice of disagreement (Sen. Com. No. 774). (House)
- 2025-04-04: Passed Third Reading as amended in HD 2 with Representative(s) Garcia voting aye with reservations; none voting no (0) and Representative(s) Cochran excused (1). Transmitted to Senate. (House)
- 2025-04-02: Reported from JHA (Stand. Com. Rep. No. 1784) as amended in HD 2, recommending passage on Third Reading. (House)
- 2025-04-02: Forty-eight (48) hours notice Friday, 04-04-25. (House)
- 2025-03-25: The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 10 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Cochran, Hashem, Perruso, Takayama, Todd, Shimizu; Ayes with reservations: Representative(s) Garcia; Noes: none; and 1 Excused: Representative(s) Kahaloa. (House)
- 2025-03-21: Reported from HLT (Stand. Com. Rep. No. 1425) as amended in HD 1, recommending passage on Second Reading and referral to JHA. (House)
- 2025-03-21: Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with Representative(s) Alcos, Garcia voting aye with reservations; none voting no (0) and Representative(s) Cochran, Garrett, Kapela, Kitagawa, Ward excused (5). (House)
- 2025-03-21: Bill scheduled to be heard by JHA on Tuesday, 03-25-25 2:00PM in House conference room 325 VIA VIDEOCONFERENCE. (House)
- 2025-03-19: The committee on HLT recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Takayama, Keohokapu-Lee Loy, Amato, Chun, Marten, Olds, Takenouchi; Ayes with reservations: Representative(s) Alcos, Garcia; Noes: none; and Excused: none. (House)
- 2025-03-14: Bill scheduled to be heard by HLT on Wednesday, 03-19-25 9:05AM in House conference room 329 VIA VIDEOCONFERENCE. (House)
- 2025-03-06: Pass First Reading (House)
- 2025-03-06: Referred to HLT, JHA, referral sheet 19 (House)
- 2025-03-04: Report Adopted; Passed Third Reading. Ayes, 23; Aye(s) with reservations: none. Noes, 2 (Senator(s) Awa, DeCorte). Excused, 0 (none). Transmitted to House. (Senate)
- 2025-03-04: Received from Senate (Sen. Com. No. 112) in amended form (SD 1). (House)
- 2025-02-28: Reported from JDC (Stand. Com. Rep. No. 954) with recommendation of passage on Third Reading. (Senate)
- 2025-02-28: One Day Notice 03-04-25. (Senate)
- 2025-02-20: The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED. The votes in JDC were as follows: 4 Aye(s): Senator(s) Rhoads, Chang, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Gabbard. (Senate)
- 2025-02-18: The committee(s) on JDC will hold a public decision making on 02-20-25 10:01AM; CR 016 & Videoconference. (Senate)
- 2025-02-14: Reported from HHS/PSM (Stand. Com. Rep. No. 528) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC. (Senate)
- 2025-02-14: Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC. (Senate)
- 2025-02-07: The committee(s) on PSM recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in PSM were as follows: 4 Aye(s): Senator(s) Elefante, Wakai, Fukunaga, Rhoads; Aye(s) with reservations: none ; 1 No(es): Senator(s) DeCorte; and 0 Excused: none. (Senate)
- 2025-02-07: The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in HHS were as follows: 4 Aye(s): Senator(s) San Buenaventura, Aquino, Hashimoto, Keohokalole; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Fevella. (Senate)
- 2025-01-31: The committee(s) on HHS/PSM has scheduled a public hearing on 02-07-25 3:10PM; Conference Room 225 & Videoconference. (Senate)
- 2025-01-17: Referred to HHS/PSM, JDC. (Senate)
- 2025-01-15: Introduced and passed First Reading. (Senate)
- 2025-01-13: Pending Introduction. (Senate)

## Bill text

- Bill Text: [PDF](https://data.capitol.hawaii.gov/sessions/session2026/bills/SB228_HD2_.pdf)
- Original: [HTML](https://data.capitol.hawaii.gov/sessions/session2026/bills/SB228_.HTM), [PDF](https://data.capitol.hawaii.gov/sessions/session2026/bills/SB228_.PDF)
- SB228_HD1: [HTML](https://data.capitol.hawaii.gov/sessions/session2026/bills/SB228_HD1_.HTM)
- SB228_HD2: [HTML](https://data.capitol.hawaii.gov/sessions/session2026/bills/SB228_HD2_.HTM)
- SB228_SD1: [HTML](https://data.capitol.hawaii.gov/sessions/session2026/bills/SB228_SD1_.HTM)

## Related bills

- SB 847: RELATING TO PSYCHOLOGISTS. (became law)
- HB 2344: RELATING TO SCHOOL FACILITIES. (signed)
- HB 2023: RELATING TO TRANSPORTATION. (signed)
- HB 2021: RELATING TO TRANSPORTATION. (signed)
- SB 2338: RELATING TO HOUSING. (signed)
- HB 1973: RELATING TO HEALTH. (signed)

## Sources
- [Bill Text (PDF)](https://data.capitol.hawaii.gov/sessions/session2026/bills/SB228_HD2_.pdf)
- [Original (HTML)](https://data.capitol.hawaii.gov/sessions/session2026/bills/SB228_.HTM)
- [Original (PDF)](https://data.capitol.hawaii.gov/sessions/session2026/bills/SB228_.PDF)
- [SB228_HD1 (HTML)](https://data.capitol.hawaii.gov/sessions/session2026/bills/SB228_HD1_.HTM)
- [SB228_HD2 (HTML)](https://data.capitol.hawaii.gov/sessions/session2026/bills/SB228_HD2_.HTM)
- [SB228_SD1 (HTML)](https://data.capitol.hawaii.gov/sessions/session2026/bills/SB228_SD1_.HTM)

## Related
- [SB 847: RELATING TO PSYCHOLOGISTS.](https://policyrisk.com/state-bill/HI-SB847-2026)
- [HB 2344: RELATING TO SCHOOL FACILITIES.](https://policyrisk.com/state-bill/HI-HB2344-2026)
- [HB 2023: RELATING TO TRANSPORTATION.](https://policyrisk.com/state-bill/HI-HB2023-2026)
- [HB 2021: RELATING TO TRANSPORTATION.](https://policyrisk.com/state-bill/HI-HB2021-2026)
- [SB 2338: RELATING TO HOUSING.](https://policyrisk.com/state-bill/HI-SB2338-2026)
- [HB 1973: RELATING TO HEALTH.](https://policyrisk.com/state-bill/HI-HB1973-2026)
- [Hawaii bills](https://policyrisk.com/states/hawaii/bills)
- [Hawaii state hub](https://policyrisk.com/states/hawaii)
- [All state legislation](https://policyrisk.com/state-bills)

Source: PRIA, https://policyrisk.com/state-bill/HI-SB228-2026 (as of 2026-11-01).