H 4440 Session 112 (1997-1998)
H 4440 General Bill, By Sharpe, Altman, Barfield, Campsen, J.G. Felder,
Hamilton, Leach, Loftis and Neilson
Similar(S 758, H 4419)
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, TO PROVIDE A CIVIL CAUSE OF
ACTION, TO AUTHORIZE PAYMENT OF ATTORNEY'S FEES, AND TO PROVIDE FOR
PROFESSIONAL DISCIPLINE.
01/20/98 House Introduced and read first time HJ-13
01/20/98 House Referred to Committee on Judiciary HJ-13
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, TO
PROVIDE A CIVIL CAUSE OF ACTION, TO AUTHORIZE
PAYMENT OF ATTORNEY'S FEES, AND TO PROVIDE FOR
PROFESSIONAL DISCIPLINE.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 16-3-1090. (A) As used in this section:
(1) 'Licensed health care professional' means a 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 own 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 to 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) A licensed health care professional is not in violation of
subsection (B) if the licensed health care professional:
(1) administers, prescribes, or dispenses medications or
procedures to relieve another person's pain or discomfort, even if the
medication or procedure may hasten or increase the risk of death,
unless the medications or procedures are knowingly administered,
prescribed, or dispensed to cause death; or
(2) withholds or withdraws a life-sustaining procedure.
(D) 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.
(E) Injunctive relief may be sought against a person who is
reasonably believed to be 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 health care provider of the person who would commit
suicide; or
(4) a public official with appropriate jurisdiction to prosecute or
enforce the laws of this State.
(F) A person enumerated in subsection (E) or the person who
would have committed suicide, in the case of an attempt, may bring
an action against a person who violates or attempts to violate
subsection (B) for compensatory damages and punitive damages.
The action may be brought whether or not the plaintiff had prior
knowledge of the violation or attempted violation.
(G) In a proceeding brought pursuant to subsection (E) or (F), the
court may award attorney's fees to the prevailing party.
(H) The licensing agency which issued a license or certification to
a licensed health care professional who may revoke or suspend the
license or certification of that person upon receipt of a copy of the
record of:
(1) a criminal conviction or plea of guilty for the violation of
subsection (B);
(2) a judgment of contempt of court for violating an injunction
issued under subsection (E); or
(3) a judgment assessing damages under subsection (F)."
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."
SECTION 3. This act takes effect upon approval by the Governor.
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