The Georgia Supreme Court threw out a badly written law that made it a crime, essentially, to advertise to assist suicide but not actually do the deed. Bad law led to an unforunate, but I think correct, legal ruling. But it left Georgia as a wild, wild, West of assisted suicide with no law on the books. After all, that which isn’t illegal, is legal.
Now legislation has been filed in Georgia to remedy the problem with a real ban. From HB 1114:
(3) ‘Suicide’ means the intentional and willful termination of one’s own life. (b) Any person who knowingly and willfully assists another person in the commission of such person’s suicide shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years.
(c) The provisions of this Code section shall not apply to any otherwise lawful withholding or withdrawal of medical or health care treatment pursuant to, without limitation, a living will, a durable power of attorney for health care, an advance directive for health care, a Physician Order for Life-sustaining Treatment developed pursuant to subsection (l) of Code 36 Section 29-4-18, or a written order not to resuscitate.
The bill also permits survivors to sue the assister, which I like:
a) The decedent’s surviving spouse, child or children, either minor or sui juris, parent, sibling, or guardian appointed pursuant to Title 29, or the administrator or executor of the decedent, may recover for the homicide of the decedent the full value of the life of the decedent, as shown by the evidence, and for the funeral, medical, and other necessary expenses resulting from the injury and death of the deceased person.
May the legislation find wind in its sails–or whatever other cliche you might prefer–to indicate my desire for a swift and uncomplicated passage into law.
February 26th, 2012 | 8:04 pm
[...] Anti Assisted Suicide Legislation in GeorgiaFirst Things (blog)But it left Georgia as a wild, wild, West of assisted suicide with no law on the books. After all, that which isn't illegal, is legal. Now legislation has been filed in Georgia to remedy the problem with a real ban. From HB 1114: (3) 'Suicide' means … [...]
February 27th, 2012 | 5:59 pm
I like the GA proposed law!
I think that many citizens don’t understand how “assisted suicide” – if permitted – will be misused against elderly Medicare/Medicaid patients who are already discriminated against because of the “no CPR” consent they so often give to physicians and hospitals. If “Assisted Suicide” laws are passed, it will be “open season” on the elderly.
The physicians and hospitals can keep these elderly patients who elect to have “NO CPR” out of ICUs and CCUs when DNR/DNI code status is placed in the hospital chart. Studies indicate that there is an “Increased Risk of Death in Patients with Do-Not-Resuscitate Orders.”
Old patients consent to “NO CPR” often because they are told that is harmful to them and they think of “NO CPR” as being an unwanted procedure that will bring them back from death. They don’t understand that “No CPR” will be used to (in some instances) shorten their lives and keep them out of ICU and CCU’s.
February 28th, 2012 | 8:31 am
One hopes the law also defines “knowing and willful assistance.” From the section quoted the proposed law appears vague enough that providing a pillow so that the person committing suicide can be more comfortable might be construed as “assistance.” Would lending my car to someone knowing they plan to park it in their garage and asphyxiate themselves also qualify? How about buying ammunition for a registered handgun owner if he’s home-bound? Georgia’s legislature isn’t noted for competent legal draftsmanship.
HW
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