Prohibit consent as a defense for physician assisted suicide
SB 136 amends Montana's criminal code (Section 45-2-211, MCA) to state that a patient's consent to physician aid in dying is not a defense to a homicide charge against the physician. The bill defines "physician aid in dying" as a physician prescribing a lethal medication for the patient to self-administer, excluding standard comfort care or withholding life-sustaining treatment. This directly affects physicians who provide such aid, making their actions prosecutable as homicide if consent is claimed as a defense. The law takes effect July 1, 2025, and does not impact existing practices of comfort care or end-of-life treatment under Montana law.
Bill status
died
3 of 5 stages cleared
Introduction
Jan 2025
Committee Review
Mar 2025
Senate Passage
Feb 2025
House Failed
Apr 2025
Governor
Introduced Jan 14, 2025
Last action May 23, 2025
Maddy AI version diff · 2 comparisons
What changed between versions
SB0136_1(7).pdf
→
SB0136_2.pdf
·
3 edits
MINOR
The bill clarifies that the law applies only to the intentional prescription of lethal medication for self-administration, explicitly excluding the withholding of life-sustaining treatment or the provision of comfort care. This change ensures that standard medical end-of-life care and palliative treatments remain unaffected by the new legislation.
Scope change
The bill's scope is narrowed to specifically target the act of prescribing lethal doses for suicide, while explicitly exempting standard medical practices like withholding treatment and providing comfort care.
DEFINITION
Added the words 'PURPOSELY AND KNOWINGLY' to the definition of assisted suicide to emphasize the intent required for the law to apply.
Inserted a specific clause stating that the law does not include withholding or withdrawing life-sustaining treatment or providing comfort care medication.
Added a reference to 'reasonable medical standards' and specific statutes (50-9-204) to clarify that standard medical treatments are exempt from the law.
Floor votes · Senate Feb 7, 2025 · House Apr 9, 2025
How they voted
29–20
Passed · 1 other
Total votes 50
Feb 7, 2025
D
Democratic18
94% Nay
R
Republican32
90% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
29
Key actions
5
Committee
6
Apr 9, 2025
Vote failed
House Vote: fail (43-56-1)
house
Mar 25, 2025
Lower · Passed
(H) Committee Report - (H) Judiciary
lower
Mar 24, 2025
Lower · Passed
(H) Committee Executive Action - (H) Judiciary
lower
Feb 10, 2025
Committee
(H) Referred to Committee - (H) Judiciary
lower
Feb 7, 2025
Senate · Passed
Senate Vote: pass (29-20-1)
senate
Feb 3, 2025
Upper · Passed
(S) Committee Report - (S) Judiciary
upper
Feb 3, 2025
Upper · Passed
(S) Committee Executive Action - (S) Judiciary
upper
Jan 16, 2025
Committee
(S) Referred to Committee - (S) Judiciary
upper
Jan 14, 2025
Introduced
(S) Introduced
upper
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Carl Glimm
RRepublican
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