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1997 SESSION

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971607649
SENATE BILL NO. 788 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee for Courts of Justice on February 2, 1997) (Patron Prior to Substitute--Senator Earley) A BILL to amend the Code of Virginia by adding in Chapter 4 of Title 18.2 an article numbered 10, consisting of sections numbered 18.2-76.3 and 18.2-76.4, relating to assisted suicide; civil penalty and remedies.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Chapter 4 of Title 18.2 an article numbered 10, consisting of sections numbered 18.2-76.3 and 18.2-76.4, as follows:

Article 10. Assisted Suicide.

§ 18.2-76.3. Assisted suicide.

A. The Attorney General may bring an action for a civil penalty, not to exceed $100,000, against any person who intentionally or knowingly, with the purpose of assisting another person to commit or attempt to commit suicide, (i) provides the physical means by which another person commits or attempts to commit suicide or (ii) participates in a physical act by which another person commits or attempts to commit suicide. Any civil penalty assessed pursuant to this section shall be paid into the Literary Fund. A person against whom an action is brought shall be entitled to trial by jury. The burden of proof shall be by clear and convincing evidence.

B. A licensed health care provider found liable hereunder shall be subject to permanent revocation of his license to provide health care services in the Commonwealth pursuant to subdivision 7 of § 54.1-2400.

C. Nothing in this section shall be construed to limit or conflict with § 54.1-2971.01 or the Health Care Decisions Act (§ 54.1-2981 et seq.).

D. For purposes of this section:

"Licensed health care provider" means a physician, surgeon, podiatrist, osteopath, osteopathic physician and surgeon, physician's assistant, nurse, dentist or pharmacist licensed under the laws of this Commonwealth.

"Suicide" means the act or instance of taking one's own life voluntarily and intentionally.

§ 18.2-76.4. Assisted suicide; injunction; damages.

A cause of action for injunctive relief may be maintained against any person who is reasonably expected to be about to violate or attempt to violate § 18.2-76.3, by any person who is (i) the spouse, parent, child, sibling or guardian of or (ii) a licensed health care provider of the person who would commit suicide.

A spouse, parent, child or sibling of a person who commits or attempts to commit suicide may recover compensatory and exemplary damages in a civil action for any losses suffered as a result of a violation or attempted violation of § 18.2-76.3.

2. That the provisions of this act shall become effective on December 1, 1998.