ASSISTANCE TO SUICIDE
Act 270 of 1992
752.1027 Prohibited acts; violation; penalties; applicability of subsection (1); exceptions; effective date of section; repeal of section.
Sec. 7.
(1) A person who has knowledge that another person intends to commit or attempt to commit suicide and who intentionally does either of the following is guilty of criminal assistance to suicide, a felony punishable by imprisonment for not more than 4 years or by a fine of not more than $2,000.00, or both:
(a) Provides the physical means by which the other person attempts or commits suicide.
(b) Participates in a physical act by which the other person attempts or commits suicide.
(2) Subsection (1) shall not apply to withholding or withdrawing medical treatment.
(3) Subsection (1) does not apply to prescribing, dispensing, or administering medications or procedures if the intent is to relieve pain or discomfort and not to cause death, even if the medication or procedure may hasten or increase the risk of death.
(4) This section shall take effect February 25, 1993.
(5) This section is repealed effective 6 months after the date the commission makes its recommendations to the legislature pursuant to section 4.
History: 1992, Act 270, Eff. Mar. 31, 1993 ;-- Am. 1993, Act 3, Imd. Eff. Feb. 25, 1993
Constitutionality Notes:
In a memorandum opinion, the Michigan Supreme Court held that 1) the assisted suicide provisions of MCL 752.1027 of the Michigan Compiled Laws were validly enacted and do not violate the Title-Object Clause of the Michigan Constitution, and 2) the US Constitution does not prohibit a state from imposing criminal penalties for assisting a suicide. Michigan v Kevorkian, 445 Mich 917; 521 NW2d 4 (1994).
Notes of Decisions
People v. Kevorkian, 527 N.W.2d 714 (Mich. 1994).
· cites it 18× “99591, 99752, 99758, and 99759: (1) whether the Michigan assisted suicide statute, MCL 752.1027; MSA 28.547(127), was enacted in violation of Const 1963, art 4, § 24; (2) whether the criminal provisions of MCL 752.”
Washington v. Glucksberg, 521 U.S. 702 (1997).
· cites it 4× “17A, § 204 (1983); Mich. Comp. Laws Ann. § 752.1027 (West Supp.”
People v. Kevorkian, 639 N.W.2d 291 (Mich. Ct. App. 2002).
· cites it 2× “24 See MCL 752.1027. 25 People v Kevorkian, 447 Mich 436, 445-446 ; 527 NW2d 714 (1994) (Kevorkian I).”
Hobbins v. Attorney Gen., 518 N.W.2d 487 (Mich. Ct. App. 1994).
· cites it 6× “Teresa Hobbins is a terminally ill person who, along with seven health care professionals and *199 another terminally ill person, [2] sought a declaratory judgment that 1992 PA 270 , as amended by 1993 PA 3 , MCL 752.”
People v. Kevorkian No 1, 517 N.W.2d 293 (Mich. Ct. App. 1994).
· cites it 2× “Kevorkian was charged with assisting a suicide in violation of MCL 752.1027; MSA 28.547(127). Contrary to Judge Shelton's suggestion in his dissenting opinion in this case, no constitutional issues were raised in this case.”
People Ex Rel Oakland Cnty. Prosecuting Attorney v. Kevorkian, 534 N.W.2d 172 (Mich. Ct. App. 1995).
· cites it 2× “*609 II FACTS I concur in the majority's recitation of the facts; however, I believe that the following facts deserve emphasis. Significantly, in response to the unlawful conduct at issue, the Legislature passed a bill outlawing assisted suicide, 1993 PA 3 , and the Governor…”
— Mich. Comp. Laws § 752.1027(1)(a) — 1 case
Hobbins v. Attorney Gen., 518 N.W.2d 487 (Mich. Ct. App. 1994).
“Teresa Hobbins is a terminally ill person who, along with seven health care professionals and *199 another terminally ill person, [2] sought a declaratory judgment that 1992 PA 270 , as amended by 1993 PA 3 , MCL 752.”
— Mich. Comp. Laws § 752.1027(5) — 1 case
— Mich. Comp. Laws § 752.1027(b)(3) — 1 case
People v. Kevorkian, 639 N.W.2d 291 (Mich. Ct. App. 2002).
“24 See MCL 752.1027. 25 People v Kevorkian, 447 Mich 436, 445-446 ; 527 NW2d 714 (1994) (Kevorkian I).”
— Mich. Comp. Laws § 752.1027(l)(a) — 1 case
Hobbins v. Attorney Gen., 518 N.W.2d 487 (Mich. Ct. App. 1994).
“Teresa Hobbins is a terminally ill person who, along with seven health care professionals and *199 another terminally ill person, [2] sought a declaratory judgment that 1992 PA 270 , as amended by 1993 PA 3 , MCL 752.”
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