REFERENCE TITLE: manslaughter; suicide assistance; violation

 

 

 

 

State of Arizona

House of Representatives

Fifty-fifth Legislature

First Regular Session

2021

 

 

HB 2459

 

Introduced by

Representative Weninger

 

 

AN ACT

 

amending section 13‑1103, Arizona Revised Statutes; relating to manslaughter.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 13-1103, Arizona Revised Statutes, is amended to read:

START_STATUTE13-1103.  Manslaughter; classification

A.  A person commits manslaughter by doing any of the following:

1.  Recklessly causing the death of another person. ; or

2.  Committing second degree murder as prescribed in section 13‑1104, subsection A upon on a sudden quarrel or heat of passion resulting from adequate provocation by the victim. ; or

3.  Intentionally providing the physical means that another person uses to commit suicide, with the knowledge that the person intends to commit suicide. ; or

4.  Committing second degree murder as prescribed in section 13‑1104, subsection A, paragraph 3, while being coerced to do so by the use or threatened immediate use of unlawful deadly physical force upon such on the person or a third person which that a reasonable person in his situation would have been unable to resist. ; or

5.  Knowingly or recklessly causing the death of an unborn child by any physical injury to the mother.

B.  A person who is at least eighteen years of age commits manslaughter by intentionally providing advice or encouragement that a minor uses to commit suicide with the knowledge that the minor intends to commit suicide.

B.  C.  An offense under subsection A, paragraph 5 of this section applies to an unborn child in the womb at any stage of its development.  A person shall not be prosecuted under subsection A, paragraph 5 of this section if any of the following applies:

1.  The person was performing an abortion for which the consent of the pregnant woman, or a person authorized by law to act on the pregnant woman's behalf, has been obtained or for which the consent was implied or authorized by law.

2.  The person was performing medical treatment on the pregnant woman or the pregnant woman's unborn child.

3.  The person was the unborn child's mother.

C.  D.  Manslaughter is a class 2 felony. END_STATUTE