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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0120.01 JGG SENATE BILL 98­057

STATE OF COLORADO

BY SENATOR Tebedo;

also REPRESENTATIVE Lawrence.

JUDICIARY

A BILL FOR AN ACT

CONCERNING REINFORCEMENT OF THE CRIMINAL PROHIBITION AGAINST ASSISTING SUICIDE.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Amends the existing manslaughter statute that criminalizes the causing or aiding of another person to commit suicide. Makes explicit the means used to cause or aid the suicide. Specifies that it is not manslaughter for a health care professional to provide treatment or medication to ease the pain of a dying patient. Defines the term "suicide".

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  18­3­104, Colorado Revised Statutes, is amended to read:

18­3­104.  Manslaughter. (1)  A person commits the crime of manslaughter if:

(a)  Such person recklessly causes the death of another person; or

(b)  Such person intentionally causes or aids another person to commit suicide BY:

(I)  ABETTING, FACILITATING, SOLICITING, OR INCITING ANOTHER PERSON TO COMMIT SUICIDE; OR

(II)  PROVIDING TO, DELIVERING TO, PROCURING FOR, OR PRESCRIBING FOR ANOTHER PERSON ANY DRUG OR INSTRUMENT, WITH THE KNOWLEDGE THAT THE OTHER PERSON INTENDS TO ATTEMPT TO COMMIT SUICIDE WITH THE DRUG OR INSTRUMENT.

(c)  (Deleted by amendment, L. 96, p. 1844, ' 13, effective July 1, 1996.)

(2)  Manslaughter is a class 4 felony.

(3) (a)  This section shall not apply to a person, including a proxy decision­maker as such person is described in section 15­18.5­103, C.R.S., who complies with any advance medical directive in accordance with the provisions of title 15, C.R.S., including a medical durable power of attorney, a living will, or a cardiopulmonary resuscitation (CPR) directive.

(b)  THIS SECTION SHALL NOT APPLY TO A HEALTH CARE PROVIDER WHO PROVIDES TREATMENT OR MEDICATION TO A DYING PATIENT WITH THE INTENTION OF EASING THE PATIENT'S PAIN, EVEN THOUGH SUCH TREATMENT OR MEDICATION MAY FORESEEABLY HASTEN THE MOMENT OF DEATH.

(4)  FOR PURPOSES OF THIS SECTION, "SUICIDE" MEANS THE ACT OR INSTANCE OF VOLUNTARILY AND INTENTIONALLY TAKING ONE'S OWN LIFE.

SECTION 2.  Effective date ­ applicability. This act shall take effect July 1, 1998, and shall apply to offenses committed on or after said date.

SECTION 3.  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.