2013 Montana Legislature
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HOUSE BILL NO. 505
INTRODUCED BY K. KERNS
A BILL FOR AN ACT ENTITLED: "AN ACT CLARIFYING THE OFFENSE OF AIDING OR SOLICITING SUICIDE; CLARIFYING THAT PHYSICIAN-ASSISTED SUICIDE IS A FORM OF AIDING OR SOLICITING SUICIDE; CLARIFYING THAT THE CONSENT OF A VICTIM IS NOT A DEFENSE TO AIDING OR SOLICITING SUICIDE; PROVIDING DEFINITIONS; AMENDING SECTION 45-5-105, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 45-5-105, MCA, is amended to read:
"45-5-105. Aiding or soliciting suicide. (1) A person who purposely aids or solicits another person to commit suicide, but such suicide does not occur, including physician-assisted suicide, commits the offense of aiding or soliciting suicide.
(2) The consent of a victim is not a defense to the provisions of this section, and 45-2-211 does not apply.
(2)(3) A person convicted of the offense of aiding or soliciting a suicide shall be imprisoned in the state prison for any term not to exceed 10 years or be fined an amount not to exceed $50,000, or both.
(4) For purposes of this section, the following definitions apply:
(a) "Aid" means to facilitate, assist, or help.
(b) (i) "Physician-assisted suicide", also known as physician aid-in-dying, means any act by a physician of purposely aiding or soliciting another person to end the person's life, including prescribing a drug, compound, or substance, providing a medical procedure, or directly or indirectly participating in an act with the purpose of aiding or soliciting suicide.
(ii) The term does not include end-of-life palliative care in which a dying person receives medication to alleviate pain that may incidentally hasten the dying person's death or any act to withhold or withdraw life-sustaining treatment authorized pursuant to Title 50, chapters 9 and 10.
(c) "Solicit" has the meaning provided in 45-2-101."
NEW SECTION. Section 2. Effective date. [This act] is effective on passage and approval.
NEW SECTION. Section 3. Applicability. [This act] applies to offenses committed on or after [the effective date of this act].
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Latest Version of HB 505 (HB0505.01)
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