A BILL FOR AN ACT ENTITLED: "AN ACT generally revising laws regarding consent as a legal defense; providing that physician aid in dying is contrary to public policy; providing that consent to physician aid in dying is not a defense to a charge of homicide; defining "Physician aid in dying"; and AMENDING SECTION 45-2-211, MCA."
(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;
(e) for offenses under 45-5-502, 45-5-503, 45-5-508, 45-5-601, 45-5-602, 45-5-603, or Title 45, chapter 5, part 7, it is given by a person who the offender knew or reasonably should have known was a victim of human trafficking, as defined in 45-5-701, or was subjected to force, fraud, or coercion, either of which caused the person to be in the situation where the offense occurred.
(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) (i) For the purposes of this subsection (3), "physician aid in dying" means an act by a physician of purposefully prescribing a lethal dose of medication to a patient that the patient may self-administer to end the patient's life.
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Prepared by Montana Legislative Services