S*0758(Rat #0410, Act #0398 of 1998)  General Bill, By Fair

Similar(H 4419, H 4440)
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 16-3-1090 SO AS TO CREATE THE FELONY CRIME OF ASSISTING SUICIDE, TO PROVIDE
 PENALTIES, TO PROVIDE FOR INJUNCTIVE RELIEF, AND TO REQUIRE PROFESSIONAL
 LICENSURE SUSPENSION OR REVOCATION OF AN OFFENDER.-AMENDED TITLE

   05/15/97  Senate Introduced and read first time SJ-7
   05/15/97  Senate Referred to Committee on Judiciary SJ-7
   04/08/98  Senate Committee report: Favorable with amendment
                     Judiciary SJ-14
   04/23/98  Senate Read second time SJ-17
   04/23/98  Senate Ordered to third reading with notice of
                     amendments SJ-17
   04/28/98  Senate Amended SJ-12
   04/28/98  Senate Read third time and sent to House
   04/29/98  House  Introduced and read first time HJ-9
   04/29/98  House  Referred to Committee on Judiciary HJ-9
   05/20/98  House  Committee report: Favorable Judiciary HJ-83
   05/26/98  House  Requests for debate-Rep(s). Scott,
                     Moody-Lawrence, Cave, Howard, Inabinett, Lloyd &
                     Govan HJ-24
   05/28/98  House  Read second time HJ-123
   05/28/98  House  Roll call Yeas-90  Nays-3 HJ-123
   05/28/98  House  Unanimous consent for third reading on next
                     legislative day HJ-124
   05/29/98  House  Read third time and enrolled HJ-2
   06/04/98         Ratified R 410
   06/08/98         Signed By Governor
   06/08/98         Effective date 06/08/98
   06/25/98         Copies available
   06/30/98         Act No. 398

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1090 SO AS TO CREATE THE FELONY CRIME OF ASSISTING SUICIDE, TO PROVIDE PENALTIES, TO PROVIDE FOR INJUNCTIVE RELIEF, AND TO REQUIRE PROFESSIONAL LICENSURE SUSPENSION OR REVOCATION OF AN OFFENDER.

Be it enacted by the General Assembly of the State of South Carolina:

Assisted suicide offense established; penalties; injunctive relief

SECTION 1. Chapter 3, Title 16 of the 1976 Code is amended by adding:

Section 16-3-1090. (A) As used in this section:

(1) 'Licensed health care professional' means a duly licensed physician, surgeon, podiatrist, osteopath, osteopathic physician, osteopathic surgeon, physician assistant, nurse, dentist, or pharmacist.

(2) 'Suicide' means the act or instance of taking one's life voluntarily and intentionally.

(B) It is unlawful for a person to assist another person in committing suicide. A person assists another person in committing suicide if the person:

(1) by force or duress intentionally causes the other person to commit or attempt to commit suicide; or

(2) has knowledge that the other person intends to commit or attempt to commit suicide and intentionally:

(a) provides the physical means by which the other person commits or attempts to commit suicide; or

(b) participates in a physical act by which the other person commits or attempts to commit suicide.

(C) None of the following may be construed to violate subsection (B):

(1) the withholding or withdrawing of a life sustaining procedure or compliance with any other state or federal law authorizing withdrawal or refusal of medical treatments or procedures;

(2) the administering, prescribing, or dispensing of medications or procedures, by or at the direction of a licensed health care professional, for the purpose of alleviating another person's pain or discomfort, even if the medication or procedure may increase the risk of death, as long as the medication or procedure is not also intentionally administered, prescribed, or dispensed for the purpose of causing death, or the purpose of assisting in causing death, for any reason; or

(3) the administering, prescribing, or dispensing of medications or procedures to a patient diagnosed with a medical condition that includes an element of suicidal ideation, even if the medication or procedure may increase the risk of death, as long as the medication or procedure is not also intentionally administered, prescribed, or dispensed for the purpose of causing death, or the purpose of assisting in causing death, for any reason.

(D) Subsection (C) must not be construed to affect the duty of care or legal requirements other than those in this section concerning acts or omissions under subsection (C).

(E) A person who violates subsection (B) is guilty of a felony and, upon conviction, must be imprisoned not more than fifteen years or fined not more than one hundred thousand dollars, or both.

(F) Injunctive relief may be sought against a person who it is reasonably believed is about to violate or who is in the course of violating subsection (B) by a person who is:

(1) the spouse, parent, child, or sibling of the person who would commit suicide;

(2) entitled to inherit from the person who would commit suicide;

(3) a current or former health care provider of the person who would commit suicide;

(4) a legally appointed guardian or conservator of the person; or

(5) a public official with the appropriate jurisdiction to prosecute or enforce the laws of this State.

An injunction shall legally prevent the person from assisting any suicide in this State regardless of who is being assisted.

(G) The licensing agency which issued a license or certification to a licensed health care professional who assists in a suicide in violation of subsection (B) shall revoke or suspend the license or certification of that person upon receipt of a copy of the record of:

(1) a criminal conviction, plea of guilty, or plea of nolo contendere for the violation of subsection (B); or

(2) a judgment of contempt of court for violating an injunction issued under subsection (F).

Severability

SECTION 2. If a provision, section, subsection, sentence, clause, phrase, or word of this act or the application of a provision, section, subsection, sentence, clause, phrase, or word to any person or circumstance is found to be unconstitutional, the provision, section, subsection, sentence, clause, phrase, or word is severable and the remainder of this act is effective notwithstanding the unconstitutionality. The General Assembly declares that it would have passed this act and each provision, section, subsection, sentence, clause, phrase, or word of the act, irrespective of the fact that a provision, section, subsection, sentence, clause, phrase, or word may be declared unconstitutional.

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 8th day of June, 1998.