Will Banning “Excited Delirium” as Diagnosis or Cause of Death in California Change Anything?

By Robert Phillips
Deputy District Attorney (ret.) 

Excited Delirium: New law eliminates the term “excited delirium” as an excuse in police use-of-force cases. Will it change anything  

On Oct. 8, Gov. Gavin Newsom signed into law AB 360, authored by Assembly Member Mike Gipson (D-Carson), enacting into law Evidence Code §1156.5 and H&S Code §§24400 through 24403, to become effective on Jan. 1. This legislation eliminates from official recognition and use of the oft-used term “excited delirium” (or anything similar: excited delirium syndrome, hyperactive delirium, agitated delirium, and/or exhaustive mania.) 

So why do we in law enforcement care   

The term “excited delirium” has been around for decades. Over the last 15 years, it has increasingly been used in attempts to provide an explanation for how a person experiencing severe agitation can die suddenly, suggesting in police use-of-force cases, for instance, that the death was the result of something other than the force used by the police. For instance, it was used as a legal defense in the 2020 high-profile deaths of George Floyd in Minneapolis; Daniel Prude in Rochester, New York; and Angelo Quinto, in Antioch, Calif., among others.  

However, in reality, “excited delirium,” if a “condition” at all, ....

© 2026 Legal Updates, LLC.
This content is protected by copyright law. Republishing or redistribution in any form without written permission is strictly prohibited. For licensing or reprint requests, contact support@legalupdates.com.