California continues to lead the charge in advancing police accountability with the enactment of Assembly Bill 360 (AB 360). This landmark legislation bans the use of “excited delirium” as a cause of death or defense in cases involving law enforcement’s use of force. The law responds to mounting concerns about the misuse of the term to justify excessive force and aims to bring greater transparency and accountability to cases involving deaths in police custody.

At SHK Law, we understand the significance of holding law enforcement accountable and protecting the rights of those affected by police misconduct. Here’s what you need to know about AB 360 and its impact on California law enforcement laws in 2024.

What Is ‘Excited Delirium’?

“Excited delirium” is a term historically used to describe a state of extreme agitation, confusion, and aggression that can result in sudden death, particularly in police custody. However, the term has been widely criticized for its lack of scientific basis and its disproportionate use to explain deaths involving marginalized communities.

AB 360 recognizes the problematic nature of this term, removing it as a defense or explanation in cases involving law enforcement use of force.

Key Provisions of AB 360

1. Bans the Use of ‘Excited Delirium’ as a Cause of Death
   • Law enforcement agencies can no longer cite “excited delirium” as a valid cause of death in cases involving police custody or use of force.
2. Prohibits ‘Excited Delirium’ as a Legal Defense
   • AB 360 prevents defense teams from using the term to justify or excuse excessive use of force, ensuring cases focus on evidence-based explanations.
3. Emphasizes Accurate and Transparent Reporting
   • The law mandates accurate medical reporting in use-of-force cases, reducing the potential for misrepresentation of facts.

These measures aim to hold law enforcement accountable while strengthening the integrity of investigations and legal proceedings.

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Why AB 360 Matters

The passage of AB 360 addresses a critical gap in accountability for law enforcement practices. Here’s why this legislation is so significant:

• Promotes Transparency: By eliminating the use of “excited delirium” as a catch-all explanation, the law ensures that deaths in custody are accurately reported and investigated.
• Enhances Accountability: Prohibiting the term as a defense prevents its misuse to shield excessive force, holding law enforcement to higher standards.
• Supports Justice for Victims: Families of those who have died in police custody now have stronger legal protections to seek accountability and justice.

California Law Enforcement Laws in 2024

AB 360 is part of a broader movement to reform law enforcement practices and protect civil rights in California. By prioritizing transparency and removing unscientific justifications for excessive force, the state is taking meaningful steps toward restoring trust between law enforcement and the communities they serve.

If you or a loved one has been impacted by police misconduct, understanding your rights under new laws like AB 360 is crucial. 

How SHK Law Can Help

At SHK Law, we are committed to holding law enforcement accountable and advocating for those impacted by police misconduct. Our experienced team can:

• Evaluate Your Case: We’ll assess the facts to determine how AB 360 and other laws apply to your situation. Get a free case evaluation from our legal team. 
• Provide Expert Legal Representation: Our attorneys specialize in representing victims of police misconduct, ensuring your rights are protected.
• Pursue Justice: Whether through negotiation or litigation, we’ll fight to hold law enforcement accountable and secure the compensation you deserve.

The Bottom Line

With the passage of AB 360, California has taken a bold step toward eliminating the misuse of “excited delirium” in law enforcement cases. By banning this controversial term, the state is reinforcing its commitment to transparency, accountability, and justice.

If you’re seeking legal support in a case involving police misconduct or excessive force, SHK Law is here to help. Contact us today to discuss your case and take the first step toward justice.