Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 86 First Substitute (2018GS)

Sponsor

Rep. McKell, M.

Final action

Governor Signed 3/21/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• expands the crime of manslaughter to include intentionally and knowingly providing another with the physical means to commit suicide; and
• makes technical changes.

Every vote on this bill

Bill text

MANSLAUGHTER AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael K. McKell
Senate Sponsor: 
Curtis S. Bramble
LONG TITLE
General Description:
This bill makes it an offense to aid another to commit suicide.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ expands the crime of manslaughter to include intentionally and knowingly
providing another with the physical means to commit suicide; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-5-205
, as last amended by Laws of Utah 2010, Chapter 157
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-5-205
 is amended to read:
76-5-205.
Manslaughter.
(1) As used in this section:
(a) (i) "Aid" means the act of providing the physical means.
(ii) "Aid" does not include the withholding or withdrawal of life sustaining treatment
procedures to the extent allowed under Title 75, Chapter 2a, Advance Health Care Directive
Act, or any other laws of this state.
(b) "Practitioner" means an individual currently licensed, registered, or otherwise
authorized by law to administer, dispense, distribute, or prescribe medications or procedures in
the course of professional practice.
(c) "Provides" means to administer, prescribe, distribute, or dispense.
[
(1) Criminal
] 
(2) Except as provided in Subsection (5), criminal
 homicide constitutes
manslaughter if the actor:
(a) recklessly causes the death of another;
(b) intentionally, and with knowledge that another individual intends to commit suicide
or attempt to commit suicide, aids the other individual to commit suicide;
[
(b)
] 
(c)
 commits a homicide which would be murder, but the offense is reduced
pursuant to Subsection 
76-5-203
(4); or
[
(c)
] 
(d)
 commits murder, but special mitigation is established under Section
76-5-205.5
.
[
(2)
] 
(3)
 Manslaughter is a felony of the second degree.
[
(3)
] 
(4)
 (a) In addition to the penalty [
provided
] 
described
 under this section or any
other section, [
a person
] 
an individual
 who is convicted of violating this section shall have the
[
person's
] 
individual's
 driver license revoked under Section 
53-3-220
 if the death of another
[
person
] 
individual
 results from driving a motor vehicle.
(b) The court shall forward the report of the conviction resulting from driving a motor
vehicle to the Driver License Division in accordance with Section 
53-3-218
.
(5) A practitioner does not violate Subsection (2)(b) if the practitioner provides
medication or a procedure to treat an individual's illness or relieve an individual's pain or
discomfort, regardless of whether the medication or procedure may hasten or increase the risk
of death to the individual to whom the practitioner provides the medication or procedure,
unless the practitioner intentionally and knowingly provides the medication or procedure to aid
the individual to commit suicide or attempt to commit suicide.