MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary B

By: Representative Barnett (92nd)

AN ACT TO PROHIBIT ASSISTING SUICIDE; TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ACT; TO AMEND SECTION 97-3-49, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (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 five (5) years or a fine of not more than Ten Thousand Dollars ($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.

SECTION 2. Section 97-3-49, Mississippi Code of 1972, is amended as follows:

97-3-49. Except as otherwise provided in Section 1 of this act, a person who wilfully, or in any manner, advises, encourages, abets, or assists another person to take, or in taking, the latter's life, or in attempting to take the latter's life, is guilty of felony and, on conviction, shall be punished by imprisonment in the Penitentiary not exceeding ten (10) years, or by fine not exceeding One Thousand Dollars ($1,000.00), and imprisonment in the county jail not exceeding one (1) year.

SECTION 3. This act shall take effect and be in force from and after July 1, 1999.