Report Title:

Manslaughter; Exception

Description:

Creates an exception to the offense of manslaughter for a medical caregiver who has prescriptive authority or authority to administer medication when the caregiver provides consensual palliative care to a terminally ill patient.  Does not permit a medical caregiver to assist a patient in committing suicide.

THE SENATE	S.B. NO.	1104
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

relating to manslaughter.

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

     SECTION 1.  Section 707-702, Hawaii Revised Statutes, is amended to read as follows:

     "§707-702  Manslaughter.  (1)  A person commits the offense of manslaughter if:

     (a)  The person recklessly causes the death of another person; or

     (b)  The person intentionally causes another person to commit suicide.

     (2)  In a prosecution for murder or attempted murder in the first and second degrees it is an affirmative defense, which reduces the offense to manslaughter or attempted manslaughter, that the defendant was, at the time the defendant caused the death of the other person, under the influence of extreme mental or emotional disturbance for which there is a reasonable explanation.  The reasonableness of the explanation shall be determined from the viewpoint of a reasonable person in the circumstances as the defendant believed them to be.

    [(3)  Manslaughter is a class A felony.]

(3)  This section shall not apply to a medical caregiver with prescriptive authority or authority to administer medication who prescribes or administers medication for palliative care to a terminally ill patient with the consent of the terminally ill patient or his or her agent.

(4)  For purposes of this section:

"Agent" means a person appointed to represent the interest of the terminally ill patient by a medical power of attorney, power of attorney, health care proxy, or any other similar statutory or regular procedure used for designation of such a person.

"Medical caregiver" means a physician, registered nurse, nurse practitioner, or physician assistant licensed by the State.

"Palliative care" means medical care and treatment provided by a licensed medical caregiver to a patient with an advanced chronic or terminal illness whose condition might not be responsive to curative treatment and who is receiving treatment that relieves pain and suffering and supports the best possible quality of life.

(5)  Nothing in subsection (4) shall permit a medical caregiver to assist in the suicide of the patient.

(6)  Manslaughter is a class A felony."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:

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