Act No. 296

Public Acts of 1998

Approved by the Governor

July 28, 1998

Filed with the Secretary of State

July 28, 1998

EFFECTIVE DATE: September 1, 1998

STATE OF MICHIGAN

89TH LEGISLATURE

REGULAR SESSION OF 1998

Introduced by Senators Van Regenmorter, Posthumus, Dingell, Gougeon, North, Hart, Steil, Stille, Bennett, Shugars, Schuette, Carl, Schwarz, Geake, Emmons, McManus and Hoffman

ENROLLED SENATE BILL No. 200

AN ACT to amend 1931 PA 328, entitled "An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act," (MCL 750.1 to 750.568) by adding section 329a.

The People of the State of Michigan enact:

Sec. 329a. (1) A person who knows that an individual intends to kill himself or herself and does any of the following with the intent to assist the individual in killing himself or herself is guilty of criminal assistance to the killing of an individual, a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00, or both:

(a) Provides the means by which the individual attempts to kill himself or herself or kills himself or herself.

(b) Participates in an act by which the individual attempts to kill himself or herself or kills himself or herself.

(c) Helps the individual plan to attempt to kill himself or herself or to kill himself or herself.

(2) This section does not apply to withholding or withdrawing medical treatment.

(3) This section does not prohibit a prosecution under the common law offense of assisting in a suicide, but a person shall not be convicted under both this section and that common law offense for conduct arising out of the same transaction.

Enacting section 1. This amendatory act takes effect September 1, 1998.

This act is ordered to take immediate effect.

Secretary of the Senate.

Clerk of the House of Representatives.

Approved

Governor.