North Dakota Catholic Conference

Representing the Dioceses of Bismarck and Fargo

Testimony on Senate Bill 2362 (Prevention of Assisted Suicide)

To: Senate Human Services Committee
From: Christopher T. Dodson, Executive Director
Subject: Senate Bill 2362 (Relating to the Prevention of Assisted Suicide)
Date: February 2, 1999


The North Dakota Catholic Conference supports Senate Bill 2362.

The purpose of this bill is straightforward -- it provides civil remedies against a person who violates North Dakota's law against assisted suicide. North Dakota has wisely enacted laws against assisted suicide. Under the existing law, assisting a suicide is either a Class AA or Class B felony. Senate Bill 2362 provides a civil remedy against someone who violates that law. North Dakota has already determined that criminal action should not be the only remedy for assisted suicide. North Dakota Century Code section 12.1-16-05 permits a claim for injunctive relief against a person who assists a suicide. This bill would add some additional enforcement mechanisms by permitting a civil action for damages against a person who violates or attempts to violate the assisted suicide statute.

This bill is needed for several reasons. First, it reflects our desire as a society to take assisted suicide seriously. Even as proponents of assisted suicide become more vocal, the people of North Dakota need to make it known that we do not accept assisted suicide as an answer to depression, aging, pain, loneliness, or any other problem and we will back up that belief with, among other things, real enforcement mechanisms for stopping assisted suicide.

Second, the experience of other states, such as Michigan, demonstrates that it is not sufficient to rely on criminal procedures alone to stop assisted suicide. The controversies surrounding assisted suicide, the additional burdens in criminal cases, and the need to rely on prosecuting attorneys, have too often frustrated attempts to achieve justice in matters concerning assisted suicide in states where the sole remedy was though the criminal process.

Third, the state's wrongful death law is insufficient to address assisted suicide. A wrongful death occurs only if a death occurs. SB 2362, however, would provide an action for both assisting a suicide and attempting to assist a suicide. As a result, the person who would have committed suicide would have standing.

Finally, it should be noted that SB 2362 does not change any definitions concerning assisted suicide or any law concerning what is not assisted suicide. It merely adds a greater range of enforcement mechanisms.


We urge a Do Pass recommendation on Senate Bill 2362.



Testimony on Senate Bill 2362 (Prevention of Assisted Suicide)



To: House Human Services Committee
From: Christopher T. Dodson, Executive Director
Subject: Senate Bill 2362 (Relating to the Prevention of Assisted Suicide)
Date: March 2, 1999


The North Dakota Catholic Conference supports Senate Bill 2362.

The purpose of this bill is straightforward -- it provides the availability of civil damages against a person who violates North Dakota's law against assisted suicide. North Dakota has wisely enacted laws against assisted suicide. Under the existing law, assisting a suicide is either a Class AA or Class C felony.

Senate Bill 2362 provides a civil remedy for someone harmed, other than a potential victim, by an assisted suicide. North Dakota has already determined that criminal action should not be the only remedy for assisted suicide. North Dakota Century Code section 12.1-16-05 permits a claim for injunctive relief against a person who assists a suicide. This bill would add some additional enforcement mechanisms by permitting a civil action for damages against a person who violates or attempts to violate the assisted suicide statute.

This bill is needed for several reasons. First, it reflects our desire as a society to take assisted suicide seriously. Even as proponents of assisted suicide become more vocal, the people of North Dakota need to make it known that we do not accept assisted suicide as an answer to depression, aging, pain, loneliness, or any other problem and we will back up that belief with, among other things, real enforcement mechanisms for stopping assisted suicide.

Second, the experience of other states, such as Michigan, demonstrates that it is not sufficient to rely on criminal procedures alone to stop assisted suicide. The controversies surrounding assisted suicide, the additional burdens in criminal cases, and the need to rely on prosecuting attorneys, have too often frustrated attempts to achieve justice in matters concerning assisted suicide in states where the sole remedy was though the criminal process.

Third, the state's wrongful death law and traditional tort law is insufficient to address assisted suicide. A wrongful death occurs only if a death occurs. SB 2362, however, would provide an action for both assisting a suicide and attempting to assist a suicide.

Finally, it should be noted that SB 2362 does not change any definitions concerning assisted suicide or any law concerning what is not assisted suicide. It merely adds a greater range of enforcement mechanisms.

We urge a Do Pass recommendation on Senate Bill 2362.