Colorado 2024 2024 Regular Session

Colorado House Bill HB1103 Amended / Bill

Filed 03/15/2024

                    Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 24-0414.01 Michael Dohr x4347
HOUSE BILL 24-1103
House Committees Senate Committees
Judiciary Judiciary
A BILL FOR AN ACT
C
ONCERNING PROHIBITIONS ON THE OFFICIAL USE OF THE TERM101
"
EXCITED DELIRIUM".102
Bill Summary
(Note:  This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill prohibits training for law enforcement personnel,
emergency medical service providers, or other first responders from
including the term "excited delirium". A peace officer is prohibited from
using the term "excited delirium" to describe a person in an incident
report. A coroner or other person authorized to determine a cause of death
shall not register "excited delirium" as the cause of death on a death
SENATE
2nd Reading Unamended
March 15, 2024
HOUSE
3rd Reading Unamended
February 13, 2024
HOUSE
Amended 2nd Reading
February 12, 2024
HOUSE SPONSORSHIP
Amabile and Herod, Bacon, Boesenecker, Brown, deGruy Kennedy, Froelich, Garcia,
Hernandez, Jodeh, Kipp, Lieder, Lindsay, Lindstedt, Mabrey, McCluskie, McCormick,
Rutinel, Sirota, Story, Velasco, Weissman, Woodrow
SENATE SPONSORSHIP
Gonzales and Buckner,
Shading denotes HOUSE amendment.  Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. certificate.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 24-31-907 as2
follows:3
24-31-907.  Prohibited use of "excited delirium" - definition.4
(1) (a)  A
 PERSON OR ENTITY CONDUCTING A TRAINING PROGRAM FOR5
PEACE OFFICERS, AS DESCRIBED IN SECTION 16-2.5-101 (1), OR OTHER6
FIRST RESPONDERS SHALL NOT INCLUDE ANY TRAINING ON OR REFERENCE7
TO THE TERM "EXCITED DELIRIUM" IN ANY TRAINING PROGRAM. A PEACE8
OFFICER, AS DESCRIBED IN SECTION 16-2.5-101 (1), LAW ENFORCEMENT9
AGENCY, OR OTHER ORGANIZATION SHALL NOT REPORT TO THE P.O.S.T.10
BOARD, CREATED IN SECTION 24-31-302, A COURSE THAT CONTAINS THE11
CONCEPT OF EXCITED DELIRIUM FOR CREDIT TOWARD ANY TRAINING12
REQUIRED BY SECTIONS 24-31-303 (1), 24-31-315, OR ANY RULE13
PROMULGATED BY THE P.O.S.T. BOARD. NOTHING IN THIS SECTION14
PROHIBITS THE INSTRUCTION OF, OR REPORTING TO THE P.O.S.T. BOARD15
FOR TRAINING CREDIT, COURSES THAT INCLUDE THE SAFE AND EFFECTIVE16
INTERACTION WITH INDIVIDUALS EXHIBITING AN ALTERED MENTAL STATE ,17
INCLUDING 
SYMPTOMATOLOGY OF A STATE OF AGITATION , EXCITABILITY,18
PARANOIA, EXTREME AGGRESSION, PHYSICAL VIOLENCE, AND APPARENT19
IMMUNITY FROM PAIN.20
(b)  A
 PEACE OFFICER SHALL NOT USE THE TERM "EXCITED21
DELIRIUM" TO DESCRIBE AN INDIVIDUAL IN AN INCIDENT REPORT22
COMPLETED BY A PEACE OFFICER . A PEACE OFFICER MAY DESCRIBE THE23
CHARACTERISTICS OF AN INDIVIDUAL 'S CONDUCT BUT SHALL NOT24
GENERALLY DESCRIBE THE INDIVIDUAL 'S DEMEANOR, CONDUCT, OR25
1103-2- PHYSICAL OR MENTAL CONDITION AT ISSUE AS "EXCITED DELIRIUM".1
(2)  F
OR PURPOSES OF THIS SECTION, "EXCITED DELIRIUM" MEANS2
A TERM USED TO DESCRIBE A PERSON 'S STATE OF AGITATION ,3
EXCITABILITY, PARANOIA, EXTREME AGGRESSION, PHYSICAL VIOLENCE,4
AND APPARENT IMMUNITY TO PAIN THAT IS NOT LISTED IN THE MOST5
RECENT VERSION OF THE DIAGNOSTIC AND STATISTICAL MANUAL OF6
M
ENTAL DISORDERS. "EXCITED DELIRIUM" ALSO INCLUDES EXCITED7
DELIRIUM SYNDROME, HYPERACTIVE DELIRIUM, AGITATED DELIRIUM, AND8
EXHAUSTIVE MANIA.9
SECTION 2. In Colorado Revised Statutes, 25-2-110, amend (5)10
as follows:11
25-2-110.  Certificates of death - definition. (5) (a)  When12
inquiry is required by section 30-10-606, the coroner shall determine the13
cause of death and shall complete and sign the medical certification14
within forty-eight hours after receipt of the electronic death registration15
request, except as permitted by subsection (5.5) of this section. If an16
autopsy is performed, the certification shall
 MUST indicate whether the17
decedent was pregnant at the time of death, and said THE information18
shall MUST be reported on the certificate of death as required by19
subsection (9) of this section. Except as otherwise provided in subsection20
(4.5) of this section, a coroner, medical examiner, forensic pathologist, or21
other qualified individual that determines the cause of death and22
completes the medical certification for a certificate of death in accordance23
with this subsection (5) must use the electronic death registration system24
used by the department of public health and environment and the state25
registrar pursuant to subsection (1)(b)(I) of this section.26
(b)  A
 CORONER, MEDICAL EXAMINER, FORENSIC PATHOLOGIST, OR27
1103
-3- OTHER QUALIFIED INDIVIDUAL WHO COMPLETES THE MEDICAL1
CERTIFICATION FOR A CERTIFICATE OF DEATH PURSUANT TO THIS2
SUBSECTION (5) OR SUBSECTION (5.5) OR (6) OF THIS SECTION SHALL NOT3
REGISTER "EXCITED DELIRIUM" AS THE CAUSE OF DEATH.4
(c)  F
OR PURPOSES OF THIS SUBSECTION (5), "EXCITED DELIRIUM"5
MEANS A TERM USED TO DESCRIBE A PERSON 'S STATE OF AGITATION,6
EXCITABILITY, PARANOIA, EXTREME AGGRESSION, PHYSICAL VIOLENCE,7
AND APPARENT IMMUNITY TO PAIN THAT IS NOT LISTED IN THE MOST8
RECENT VERSION OF THE DIAGNOSTIC AND STATISTICAL MANUAL OF9
M
ENTAL DISORDERS. "EXCITED DELIRIUM" ALSO INCLUDES EXCITED10
DELIRIUM SYNDROME, HYPERACTIVE DELIRIUM, AGITATED DELIRIUM, AND11
EXHAUSTIVE MANIA.12
SECTION 3. In Colorado Revised Statutes, 25-3.5-203, amend13
(2) as follows:14
25-3.5-203.  Emergency medical service providers - licensure15
- renewal of license - duties of department - rules - record checks -16
definitions. (2) (a)  The council shall advise the department and the board17
in establishing the training requirements for certificate or license renewal,18
which training requirements must include a classroom component19
requiring at least thirty-six and not more than fifty classroom hours.20
(b)  
WITH THE EXCEPTION OF USING THE TERM "EXCITED DELIRIUM"21
IN THE TEACHING OF THE HISTORY OF THE TERM, A PERSON OR ENTITY22
CONDUCTING A TRAINING PROGRAM FOR EMERGENCY MEDICAL SERVICE23
PROVIDERS SHALL NOT INCLUDE ANY TRAINING ON OR REFERENCE TO THE24
TERM "EXCITED DELIRIUM" IN ANY TRAINING PROGRAM. NOTHING IN THIS25
SECTION PROHIBITS THE INSTRUCTION OF EMERGENCY MEDICAL SERVICE26
COURSES THAT INCLUDE THE SAFE AND EFFECTIVE MEDICAL INTERACTION27
1103
-4- WITH INDIVIDUALS EXHIBITING AN ALTERED MENTAL STATE, INCLUDING1
SYMPTOMATOLOGY OF A STATE OF AGITATION, EXCITABILITY, PARANOIA,2
EXTREME AGGRESSION, PHYSICAL VIOLENCE, AND APPARENT IMMUNITY3
FROM PAIN.4
(c)  F
OR PURPOSES OF SUBSECTION (2)(b) OF THIS SECTION,5
"
EXCITED DELIRIUM" MEANS A TERM USED TO DESCRIBE A PERSON'S STATE6
OF AGITATION, EXCITABILITY, PARANOIA, EXTREME AGGRESSION ,7
PHYSICAL VIOLENCE, AND APPARENT IMMUNITY TO PAIN THAT IS NOT8
LISTED IN THE MOST RECENT VERSION OF THE DIAGNOSTIC AND9
S
TATISTICAL MANUAL OF MENTAL DISORDERS. "EXCITED DELIRIUM"10
ALSO INCLUDES EXCITED DELIRIUM SYNDROME , HYPERACTIVE DELIRIUM,11
AGITATED DELIRIUM, AND EXHAUSTIVE MANIA.12
SECTION 4. Act subject to petition - effective date. This act13
takes effect at 12:01 a.m. on the day following the expiration of the14
ninety-day period after final adjournment of the general assembly; except15
that, if a referendum petition is filed pursuant to section 1 (3) of article V16
of the state constitution against this act or an item, section, or part of this17
act within such period, then the act, item, section, or part will not take18
effect unless approved by the people at the general election to be held in19
November 2024 and, in such case, will take effect on the date of the20
official declaration of the vote thereon by the governor.21
1103
-5-