Mike Gipson
- Democratic
- Assemblymember
- District 65
Author
(1) Existing law specifies the content of a certificate of death and sets forth the persons responsible for completing the certificate of death. Existing law requires certain medical and health content on the certificate. This bill would prohibit "excited delirium," as defined, from being recognized as a valid medical diagnosis or cause of death in this state. The bill would prohibit a coroner, medical examiner, physician, or physician assistant from stating on the certificate of death or in any report that the cause of death was excited delirium. (2) Existing law designates specified employees and appointees of certain public entities to be peace officers. Existing law grants certain powers to peace officers and prescribes certain requirements and responsibilities for peace officers and their employing or appointing entities. The bill would prohibit a peace officer from using the term "excited delirium" to describe an individual in an incident report, but would not prohibit the peace officer from describing an individual's behavior, as specified. (3) Existing law governs the rules of evidence in every action before the Supreme Court or a court of appeal or superior court, including rules relating to judicial notice, evidentiary burdens, witnesses, opinion testimony and scientific evidence, privileges, evidence affected or excluded by extrinsic policies, hearsay evidence, and writings. This bill would deem evidence that a person experienced or suffered an excited delirium inadmissible in a civil action, but would not prohibit a party or witness from testifying as to the factual circumstances surrounding the case, including a person's demeanor, conduct, and physical and mental condition, provided it is not attributed to excited delirium.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 431, Statutes of 2023.
Enrolled and presented to the Governor at 4 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 3281.).
Assembly Rule 77 suspended. (Page 3228.)
Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 1. Page 2589.).
In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 13 pursuant to Assembly Rule 77.
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 5. Noes 1.) (September 1).
From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (June 27). Re-referred to Com. on APPR.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 0.) (June 6). Re-referred to Com. on JUD.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 1272.)
Read second time. Ordered to third reading.
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended. (Ayes 10. Noes 0.) (March 21).
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
In committee: Set, first hearing. Hearing canceled at the request of author.
Coauthors revised.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 0.) (March 7). Re-referred to Com. on JUD.
From printer. May be heard in committee March 4.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB360 | HTML |
| 02/01/23 - Introduced | |
| 03/16/23 - Amended Assembly | |
| 03/22/23 - Amended Assembly | |
| 09/06/23 - Amended Senate | |
| 09/14/23 - Enrolled | |
| 10/08/23 - Chaptered |
| Document | Format |
|---|---|
| 03/06/23- Assembly Public Safety | |
| 03/17/23- Assembly Judiciary | |
| 03/24/23- ASSEMBLY FLOOR ANALYSIS | |
| 06/02/23- Senate Public Safety | |
| 06/05/23- Senate Public Safety | |
| 06/23/23- Senate Judiciary | |
| 07/07/23- Senate Appropriations | |
| 09/07/23- Sen. Floor Analyses | |
| 09/12/23- ASSEMBLY FLOOR ANALYSIS |
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