Colorado 2024 Regular Session

Colorado House Bill HB1103 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 24-0414.01 Michael Dohr x4347
1	8		HOUSE BILL 24-1103
2		-	BY REPRESENTATIVE(S) Amabile and Herod, Bacon, Boesenecker,
3		-	Brown, deGruy Kennedy, Froelich, Garcia, Hernandez, Jodeh, Kipp, Lieder,
4		-	Lindsay, Lindstedt, Mabrey, McCormick, Rutinel, Sirota, Story, Velasco,
5		-	Weissman, Woodrow, McCluskie;
6		-	also SENATOR(S) Gonzales and Buckner, Bridges, Coleman, Cutter,
7		-	Exum, Fields, Ginal, Hansen, Hinrichsen, Jaquez Lewis, Kolker,
8		-	Marchman, Michaelson Jenet, Priola, Sullivan, Winter F.
	9	+	House Committees Senate Committees
	10	+	Judiciary Judiciary
	11	+	A BILL FOR AN ACT
9	12		C
10		-	ONCERNING PROHIBITIONS ON THE OFFICIAL USE OF THE TERM "EXCITED
11		-	DELIRIUM
12		-	".
13		-
14		-	Be it enacted by the General Assembly of the State of Colorado:
15		-	SECTION 1. In Colorado Revised Statutes, add 24-31-907 as
16		-	follows:
17		-	24-31-907. Prohibited use of "excited delirium" - definition.
	13	+	ONCERNING PROHIBITIONS ON THE OFFICIAL USE OF THE TERM101
	14	+	"
	15	+	EXCITED DELIRIUM".102
	16	+	Bill Summary
	17	+	(Note: This summary applies to this bill as introduced and does
	18	+	not reflect any amendments that may be subsequently adopted. If this bill
	19	+	passes third reading in the house of introduction, a bill summary that
	20	+	applies to the reengrossed version of this bill will be available at
	21	+	http://leg.colorado.gov
	22	+	.)
	23	+	The bill prohibits training for law enforcement personnel,
	24	+	emergency medical service providers, or other first responders from
	25	+	including the term "excited delirium". A peace officer is prohibited from
	26	+	using the term "excited delirium" to describe a person in an incident
	27	+	report. A coroner or other person authorized to determine a cause of death
	28	+	shall not register "excited delirium" as the cause of death on a death
	29	+	SENATE
	30	+	3rd Reading Unamended
	31	+	March 18, 2024
	32	+	SENATE
	33	+	2nd Reading Unamended
	34	+	March 15, 2024
	35	+	HOUSE
	36	+	3rd Reading Unamended
	37	+	February 13, 2024
	38	+	HOUSE
	39	+	Amended 2nd Reading
	40	+	February 12, 2024
	41	+	HOUSE SPONSORSHIP
	42	+	Amabile and Herod, Bacon, Boesenecker, Brown, deGruy Kennedy, Froelich, Garcia,
	43	+	Hernandez, Jodeh, Kipp, Lieder, Lindsay, Lindstedt, Mabrey, McCluskie, McCormick,
	44	+	Rutinel, Sirota, Story, Velasco, Weissman, Woodrow
	45	+	SENATE SPONSORSHIP
	46	+	Gonzales and Buckner, Bridges, Coleman, Cutter, Exum, Fields, Ginal, Hansen,
	47	+	Hinrichsen, Jaquez Lewis, Kolker, Marchman, Michaelson Jenet, Priola, Sullivan, Winter F.
	48	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	49	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	50	+	Dashes through the words or numbers indicate deletions from existing law. certificate.
	51	+	Be it enacted by the General Assembly of the State of Colorado:1
	52	+	SECTION 1. In Colorado Revised Statutes, add 24-31-907 as2
	53	+	follows:3
	54	+	24-31-907. Prohibited use of "excited delirium" - definition.4
18	55		(1) (a) A
19		-	PERSON OR ENTITY CONDUCTING A TRAINING PROGRAM FOR PEACE
20		-	OFFICERS
21		-	, AS DESCRIBED IN SECTION 16-2.5-101 (1), OR OTHER FIRST
22		-	RESPONDERS SHALL NOT INCLUDE ANY TRAINING ON OR REFERENCE TO THE
23		-	TERM
24		-	"EXCITED DELIRIUM" IN ANY TRAINING PROGRAM. A PEACE OFFICER,
25		-	AS DESCRIBED IN SECTION 16-2.5-101 (1), LAW ENFORCEMENT AGENCY , OR
26		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
27		-	officers and the Governor. To determine whether the Governor has signed the bill
28		-	or taken other action on it, please consult the legislative status sheet, the legislative
29		-	history, or the Session Laws.
30		-	________
31		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
32		-	through words or numbers indicate deletions from existing law and such material is not part of
33		-	the act. OTHER ORGANIZATION SHALL NOT REPORT TO THE P.O.S.T. BOARD, CREATED
34		-	IN SECTION
35		-	24-31-302, A COURSE THAT CONTAINS THE CONCEPT OF EXCITED
36		-	DELIRIUM FOR CREDIT TOWARD ANY TRAINING REQUIRED BY SECTIONS
37		-	24-31-303 (1), 24-31-315, OR ANY RULE PROMULGATED BY THE P.O.S.T.
38		-	BOARD. NOTHING IN THIS SECTION PROHIBITS THE INSTRUCTION OF , OR
39		-	REPORTING TO THE
40		-	P.O.S.T. BOARD FOR TRAINING CREDIT, COURSES THAT
41		-	INCLUDE THE SAFE AND EFFECTIVE INTERACTION WITH INDIVIDUALS
42		-	EXHIBITING AN ALTERED MENTAL STATE
43		-	, INCLUDING SYMPTOMATOLOGY OF
44		-	A STATE OF AGITATION
45		-	, EXCITABILITY, PARANOIA, EXTREME AGGRESSION,
46		-	PHYSICAL VIOLENCE, AND APPARENT IMMUNITY FROM PAIN .
	56	+	PERSON OR ENTITY CONDUCTING A TRAINING PROGRAM FOR5
	57	+	PEACE OFFICERS, AS DESCRIBED IN SECTION 16-2.5-101 (1), OR OTHER6
	58	+	FIRST RESPONDERS SHALL NOT INCLUDE ANY TRAINING ON OR REFERENCE7
	59	+	TO THE TERM "EXCITED DELIRIUM" IN ANY TRAINING PROGRAM. A PEACE8
	60	+	OFFICER, AS DESCRIBED IN SECTION 16-2.5-101 (1), LAW ENFORCEMENT9
	61	+	AGENCY, OR OTHER ORGANIZATION SHALL NOT REPORT TO THE P.O.S.T.10
	62	+	BOARD, CREATED IN SECTION 24-31-302, A COURSE THAT CONTAINS THE11
	63	+	CONCEPT OF EXCITED DELIRIUM FOR CREDIT TOWARD ANY TRAINING12
	64	+	REQUIRED BY SECTIONS 24-31-303 (1), 24-31-315, OR ANY RULE13
	65	+	PROMULGATED BY THE P.O.S.T. BOARD. NOTHING IN THIS SECTION14
	66	+	PROHIBITS THE INSTRUCTION OF, OR REPORTING TO THE P.O.S.T. BOARD15
	67	+	FOR TRAINING CREDIT, COURSES THAT INCLUDE THE SAFE AND EFFECTIVE16
	68	+	INTERACTION WITH INDIVIDUALS EXHIBITING AN ALTERED MENTAL STATE ,17
	69	+	INCLUDING
	70	+	SYMPTOMATOLOGY OF A STATE OF AGITATION , EXCITABILITY,18
	71	+	PARANOIA, EXTREME AGGRESSION, PHYSICAL VIOLENCE, AND APPARENT19
	72	+	IMMUNITY FROM PAIN.20
47	73		(b) A
48		-	PEACE OFFICER SHALL NOT USE THE TERM "EXCITED DELIRIUM"
49		-	TO DESCRIBE AN INDIVIDUAL IN AN IN CIDENT REPORT COMPLETED BY A
50		-	PEACE OFFICER
51		-	. A PEACE OFFICER MAY DESCRIBE THE CHARACTERISTICS OF
52		-	AN INDIVIDUAL
53		-	'S CONDUCT BUT SHALL NOT GENERALLY DESCRIBE THE
54		-	INDIVIDUAL
55		-	'S DEMEANOR, CONDUCT, OR PHYSICAL OR MENTAL CONDITION
56		-	AT ISSUE AS
57		-	"EXCITED DELIRIUM".
	74	+	PEACE OFFICER SHALL NOT USE THE TERM "EXCITED21
	75	+	DELIRIUM" TO DESCRIBE AN INDIVIDUAL IN AN INCIDENT REPORT22
	76	+	COMPLETED BY A PEACE OFFICER . A PEACE OFFICER MAY DESCRIBE THE23
	77	+	CHARACTERISTICS OF AN INDIVIDUAL 'S CONDUCT BUT SHALL NOT24
	78	+	GENERALLY DESCRIBE THE INDIVIDUAL 'S DEMEANOR, CONDUCT, OR25
	79	+	1103-2- PHYSICAL OR MENTAL CONDITION AT ISSUE AS "EXCITED DELIRIUM".1
58	80		(2) F
59		-	OR PURPOSES OF THIS SECTION, "EXCITED DELIRIUM" MEANS A
60		-	TERM USED TO DESCRIBE A PERSON
61		-	'S STATE OF AGITATION, EXCITABILITY,
62		-	PARANOIA, EXTREME AGGRESSION, PHYSICAL VIOLENCE, AND APPARENT
63		-	IMMUNITY TO PAIN THAT IS NOT LISTED IN THE MOST RECENT VERSION OF
64		-	THE
65		-	DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL DISORDERS.
66		-	"E
67		-	XCITED DELIRIUM" ALSO INCLUDES EXCITED DELIRIUM SYNDROME ,
68		-	HYPERACTIVE DELIRIUM, AGITATED DELIRIUM, AND EXHAUSTIVE MANIA.
69		-	SECTION 2. In Colorado Revised Statutes, 25-2-110, amend (5)
70		-	as follows:
71		-	25-2-110. Certificates of death - definition. (5) (a) When inquiry
72		-	is required by section 30-10-606, the coroner shall determine the cause of
73		-	death and shall complete and sign the medical certification within
74		-	forty-eight hours after receipt of the electronic death registration request,
75		-	except as permitted by subsection (5.5) of this section. If an autopsy is
76		-	performed, the certification shall
77		-	MUST indicate whether the decedent was
78		-	pregnant at the time of death, and said THE information shall MUST be
79		-	reported on the certificate of death as required by subsection (9) of this
80		-	section. Except as otherwise provided in subsection (4.5) of this section, a
81		-	coroner, medical examiner, forensic pathologist, or other qualified
82		-	individual that determines the cause of death and completes the medical
83		-	PAGE 2-HOUSE BILL 24-1103 certification for a certificate of death in accordance with this subsection (5)
84		-	must use the electronic death registration system used by the department of
85		-	public health and environment and the state registrar pursuant to subsection
86		-	(1)(b)(I) of this section.
	81	+	OR PURPOSES OF THIS SECTION, "EXCITED DELIRIUM" MEANS2
	82	+	A TERM USED TO DESCRIBE A PERSON 'S STATE OF AGITATION ,3
	83	+	EXCITABILITY, PARANOIA, EXTREME AGGRESSION, PHYSICAL VIOLENCE,4
	84	+	AND APPARENT IMMUNITY TO PAIN THAT IS NOT LISTED IN THE MOST5
	85	+	RECENT VERSION OF THE DIAGNOSTIC AND STATISTICAL MANUAL OF6
	86	+	M
	87	+	ENTAL DISORDERS. "EXCITED DELIRIUM" ALSO INCLUDES EXCITED7
	88	+	DELIRIUM SYNDROME, HYPERACTIVE DELIRIUM, AGITATED DELIRIUM, AND8
	89	+	EXHAUSTIVE MANIA.9
	90	+	SECTION 2. In Colorado Revised Statutes, 25-2-110, amend (5)10
	91	+	as follows:11
	92	+	25-2-110. Certificates of death - definition. (5) (a) When12
	93	+	inquiry is required by section 30-10-606, the coroner shall determine the13
	94	+	cause of death and shall complete and sign the medical certification14
	95	+	within forty-eight hours after receipt of the electronic death registration15
	96	+	request, except as permitted by subsection (5.5) of this section. If an16
	97	+	autopsy is performed, the certification shall
	98	+	MUST indicate whether the17
	99	+	decedent was pregnant at the time of death, and said THE information18
	100	+	shall MUST be reported on the certificate of death as required by19
	101	+	subsection (9) of this section. Except as otherwise provided in subsection20
	102	+	(4.5) of this section, a coroner, medical examiner, forensic pathologist, or21
	103	+	other qualified individual that determines the cause of death and22
	104	+	completes the medical certification for a certificate of death in accordance23
	105	+	with this subsection (5) must use the electronic death registration system24
	106	+	used by the department of public health and environment and the state25
	107	+	registrar pursuant to subsection (1)(b)(I) of this section.26
87	108		(b) A
88		-	CORONER, MEDICAL EXAMINER, FORENSIC PATHOLOGIST, OR
89		-	OTHER QUALIFIED INDIVIDUAL WHO COMPLETES THE MEDICAL
90		-	CERTIFICATION FOR A CERTIFICATE OF DEATH PURSUANT TO THIS
91		-	SUBSECTION
92		-	(5) OR SUBSECTION (5.5) OR (6) OF THIS SECTION SHALL NOT
93		-	REGISTER
94		-	"EXCITED DELIRIUM" AS THE CAUSE OF DEATH.
	109	+	CORONER, MEDICAL EXAMINER, FORENSIC PATHOLOGIST, OR27
	110	+	1103
	111	+	-3- OTHER QUALIFIED INDIVIDUAL WHO COMPLETES THE MEDICAL1
	112	+	CERTIFICATION FOR A CERTIFICATE OF DEATH PURSUANT TO THIS2
	113	+	SUBSECTION (5) OR SUBSECTION (5.5) OR (6) OF THIS SECTION SHALL NOT3
	114	+	REGISTER "EXCITED DELIRIUM" AS THE CAUSE OF DEATH.4
95	115		(c) F
96		-	OR PURPOSES OF THIS SUBSECTION (5), "EXCITED DELIRIUM"
97		-	MEANS A TERM USED TO DESCRIBE A PERSON 'S STATE OF AGITATION,
98		-	EXCITABILITY, PARANOIA, EXTREME AGGRESSION, PHYSICAL VIOLENCE, AND
99		-	APPARENT IMMUNITY TO PAIN THAT IS NOT LISTED IN THE MOST RECENT
100		-	VERSION OF THE
101		-	DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL
102		-	DISORDERS. "EXCITED DELIRIUM" ALSO INCLUDES EXCITED DELIRIUM
103		-	SYNDROME
104		-	, HYPERACTIVE DELIRIUM, AGITATED DELIRIUM, AND EXHAUSTIVE
105		-	MANIA
106		-	.
107		-	SECTION 3. In Colorado Revised Statutes, 25-3.5-203, amend (2)
108		-	as follows:
109		-	25-3.5-203. Emergency medical service providers - licensure -
110		-	renewal of license - duties of department - rules - record checks -
111		-	definitions. (2) (a) The council shall advise the department and the board
112		-	in establishing the training requirements for certificate or license renewal,
113		-	which training requirements must include a classroom component requiring
114		-	at least thirty-six and not more than fifty classroom hours.
115		-	(b) W
116		-	ITH THE EXCEPTION OF USING THE TERM "EXCITED DELIRIUM"
117		-	IN THE TEACHING OF THE HISTORY OF THE TERM , A PERSON OR ENTITY
118		-	CONDUCTING A TRAINING PROGRAM FOR EMERGENCY MEDICAL SERVICE
119		-	PROVIDERS SHALL NOT INCLUDE ANY TRAINING ON OR REFERENCE TO THE
120		-	TERM
121		-	"EXCITED DELIRIUM" IN ANY TRAINING PROGRAM. NOTHING IN THIS
122		-	SECTION PROHIBITS THE INSTRUCTION OF EMERGENCY MEDICAL SERVICE
123		-	COURSES THAT INCLUDE THE SAFE AND EFFECTIVE MEDICAL INTERACTION
124		-	WITH INDIVIDUALS EXHIBITING AN ALTERED MENTAL STATE
125		-	, INCLUDING
126		-	SYMPTOMATOLOGY OF A STATE OF AGITATION
127		-	, EXCITABILITY, PARANOIA,
128		-	EXTREME AGGRESSION , PHYSICAL VIOLENCE, AND APPARENT IMMUNITY
129		-	PAGE 3-HOUSE BILL 24-1103 FROM PAIN.
	116	+	OR PURPOSES OF THIS SUBSECTION (5), "EXCITED DELIRIUM"5
	117	+	MEANS A TERM USED TO DESCRIBE A PERSON 'S STATE OF AGITATION,6
	118	+	EXCITABILITY, PARANOIA, EXTREME AGGRESSION, PHYSICAL VIOLENCE,7
	119	+	AND APPARENT IMMUNITY TO PAIN THAT IS NOT LISTED IN THE MOST8
	120	+	RECENT VERSION OF THE DIAGNOSTIC AND STATISTICAL MANUAL OF9
	121	+	M
	122	+	ENTAL DISORDERS. "EXCITED DELIRIUM" ALSO INCLUDES EXCITED10
	123	+	DELIRIUM SYNDROME, HYPERACTIVE DELIRIUM, AGITATED DELIRIUM, AND11
	124	+	EXHAUSTIVE MANIA.12
	125	+	SECTION 3. In Colorado Revised Statutes, 25-3.5-203, amend13
	126	+	(2) as follows:14
	127	+	25-3.5-203. Emergency medical service providers - licensure15
	128	+	- renewal of license - duties of department - rules - record checks -16
	129	+	definitions. (2) (a) The council shall advise the department and the board17
	130	+	in establishing the training requirements for certificate or license renewal,18
	131	+	which training requirements must include a classroom component19
	132	+	requiring at least thirty-six and not more than fifty classroom hours.20
	133	+	(b)
	134	+	WITH THE EXCEPTION OF USING THE TERM "EXCITED DELIRIUM"21
	135	+	IN THE TEACHING OF THE HISTORY OF THE TERM, A PERSON OR ENTITY22
	136	+	CONDUCTING A TRAINING PROGRAM FOR EMERGENCY MEDICAL SERVICE23
	137	+	PROVIDERS SHALL NOT INCLUDE ANY TRAINING ON OR REFERENCE TO THE24
	138	+	TERM "EXCITED DELIRIUM" IN ANY TRAINING PROGRAM. NOTHING IN THIS25
	139	+	SECTION PROHIBITS THE INSTRUCTION OF EMERGENCY MEDICAL SERVICE26
	140	+	COURSES THAT INCLUDE THE SAFE AND EFFECTIVE MEDICAL INTERACTION27
	141	+	1103
	142	+	-4- WITH INDIVIDUALS EXHIBITING AN ALTERED MENTAL STATE, INCLUDING1
	143	+	SYMPTOMATOLOGY OF A STATE OF AGITATION, EXCITABILITY, PARANOIA,2
	144	+	EXTREME AGGRESSION, PHYSICAL VIOLENCE, AND APPARENT IMMUNITY3
	145	+	FROM PAIN.4
130	146		(c) F
131		-	OR PURPOSES OF SUBSECTION (2)(b) OF THIS SECTION, "EXCITED
132		-	DELIRIUM
133		-	" MEANS A TERM USED TO DESCRIBE A PERSON 'S STATE OF
134		-	AGITATION
135		-	, EXCITABILITY, PARANOIA, EXTREME AGGRESSION, PHYSICAL
136		-	VIOLENCE
137		-	, AND APPARENT IMMUNITY TO PAIN THAT IS NOT LISTED IN THE
138		-	MOST RECENT VERSION OF THE
139		-	DIAGNOSTIC AND STATISTICAL MANUAL OF
140		-	MENTAL DISORDERS. "EXCITED DELIRIUM" ALSO INCLUDES EXCITED
141		-	DELIRIUM SYNDROME
142		-	, HYPERACTIVE DELIRIUM, AGITATED DELIRIUM, AND
143		-	EXHAUSTIVE MANIA
144		-	.
145		-	SECTION 4. Act subject to petition - effective date. This act
146		-	takes effect at 12:01 a.m. on the day following the expiration of the
147		-	ninety-day period after final adjournment of the general assembly; except
148		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
149		-	of the state constitution against this act or an item, section, or part of this act
150		-	within such period, then the act, item, section, or part will not take effect
151		-	unless approved by the people at the general election to be held in
152		-	PAGE 4-HOUSE BILL 24-1103 November 2024 and, in such case, will take effect on the date of the official
153		-	declaration of the vote thereon by the governor.
154		-	____________________________ ____________________________
155		-	Julie McCluskie Steve Fenberg
156		-	SPEAKER OF THE HOUSE PRESIDENT OF
157		-	OF REPRESENTATIVES THE SENATE
158		-	____________________________ ____________________________
159		-	Robin Jones Cindi L. Markwell
160		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
161		-	OF REPRESENTATIVES THE SENATE
162		-	APPROVED________________________________________
163		-	(Date and Time)
164		-	_________________________________________
165		-	Jared S. Polis
166		-	GOVERNOR OF THE STATE OF COLORADO
167		-	PAGE 5-HOUSE BILL 24-1103
	147	+	OR PURPOSES OF SUBSECTION (2)(b) OF THIS SECTION,5
	148	+	"
	149	+	EXCITED DELIRIUM" MEANS A TERM USED TO DESCRIBE A PERSON'S STATE6
	150	+	OF AGITATION, EXCITABILITY, PARANOIA, EXTREME AGGRESSION ,7
	151	+	PHYSICAL VIOLENCE, AND APPARENT IMMUNITY TO PAIN THAT IS NOT8
	152	+	LISTED IN THE MOST RECENT VERSION OF THE DIAGNOSTIC AND9
	153	+	S
	154	+	TATISTICAL MANUAL OF MENTAL DISORDERS. "EXCITED DELIRIUM"10
	155	+	ALSO INCLUDES EXCITED DELIRIUM SYNDROME , HYPERACTIVE DELIRIUM,11
	156	+	AGITATED DELIRIUM, AND EXHAUSTIVE MANIA.12
	157	+	SECTION 4. Act subject to petition - effective date. This act13
	158	+	takes effect at 12:01 a.m. on the day following the expiration of the14
	159	+	ninety-day period after final adjournment of the general assembly; except15
	160	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V16
	161	+	of the state constitution against this act or an item, section, or part of this17
	162	+	act within such period, then the act, item, section, or part will not take18
	163	+	effect unless approved by the people at the general election to be held in19
	164	+	November 2024 and, in such case, will take effect on the date of the20
	165	+	official declaration of the vote thereon by the governor.21
	166	+	1103
	167	+	-5-