Montana bill (HB 284) would prohibit assisted suicide.

Alex Schadenberg
Executive Director - Euthanasia Prevention Coalition

For the past few years Montanans have faced a confusing situation concerning assisted suicide. In 2009, the Baxter court decision declared that Montana citizens had a right to assisted suicide. The Baxter decision was appealed to the Montana Supreme Court where it was decided that Montana citizens do not have a right to assisted suicide but even but the Court granted a tightly worded defense of consent, if a physician was prosecuted for assisted suicide.

Physician-Assisted Suicide is not legal in Montana.

Since the Montana Supreme Court decision, the assisted suicide lobby has claimed that assisted suicide is legal in Montana, while in fact assisted suicide is technically prohibited.

This year House Bill 284 was introduced to reverse the effect of the Montana Supreme Court decision by clarifying that consent is ineffective for homicide or assisted suicide. HB 284 states:

Section 1. Section 45-2-211, MCA, is amended to read: "45-2-211. Consent as defense. 

(1) The consent of the victim to conduct charged to constitute an offense or to the result thereof is a defense. 

(2) Consent is ineffective if:
(a) it is given by a person who is legally incompetent to authorize the conduct charged to constitute the offense;
(b) it is given by a person who by reason of youth, mental disease or disorder, or intoxication is unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense;
(c) it is induced by force, duress, or deception; or
(d) it is against public policy to permit the conduct or the resulting harm, even though consented to.

(3) (a) For the purposes of subsection (2)(d), physician aid in dying is against public policy, and a patient's consent to physician aid in dying is not a defense to a charge of homicide against the aiding physician.
(b) For the purposes of this subsection (3), "physician aid in dying" means an act by a physician of prescribing a lethal dose of medication to a patient that the patient may self-administer to end the patient's life. The term does not include an act of withholding or withdrawing a life-sustaining treatment or procedure authorized pursuant to Title 50, chapter 9 or 10."

Two years ago, a similar bill lost on a tie vote.