(1) A person commits the crime of manslaughter if:
(a) Such person recklessly causes the death of another person; or
(b) Such person intentionally causes or aids another person to commit
suicide.
(c) (Deleted by amendment, L. 96, p. 1844, § 13, effective July 1, 1996.)
(2) Manslaughter is a class 4 felony.
(3) This section shall not apply to a person, including a proxy decision-maker
as such person is described in section 15-18.5-103, C.R.S., who complies with any
advance medical directive in accordance with the provisions of title 15, C.R.S.,
including a medical durable power of attorney, a living will, or a cardiopulmonary
resuscitation (CPR) directive.
(4) (a) This section shall not apply to a medical caregiver with prescriptive
authority or authority to administer medication who prescribes or administers
medication for palliative care to a terminally ill patient with the consent of the
terminally ill patient or his or her agent.
(b) For purposes of this subsection (4):
(I) Agent means a person appointed to represent the interests of the
terminally ill patient by a medical power of attorney, power of attorney, health-care
proxy, or any other similar statutory or regular procedure used for designation of
such person.
(II) Medical caregiver means a physician, registered nurse, nurse
practitioner, physician assistant, or anesthesiologist assistant licensed by this
state.
(III) Palliative care means medical care and treatment provided by a
licensed medical caregiver to a patient with an advanced chronic or terminal illness
whose condition may not be responsive to curative treatment and who is, therefore,
receiving treatment that relieves pain and suffering and supports the best possible
quality of his or her life.
(c) Paragraph (a) of this subsection (4) shall not be interpreted to permit a
medical caregiver to assist in the suicide of the patient.
L. 71: R&RE, p. 419, § 1. C.R.S. 1963: § 40-3-104. L. 75: (1)(c) amended, p. 623, § 1, effective March 19; (1)(c) amended, p. 618, § 6, effective July 21. L. 79: (1)(c) amended, p. 726, § 3, effective July 1. L. 86: (1)(c) amended, p. 770, § 4, effective July 1. L. 93: Entire section amended, p. 1986, § 13, effective July 1. L. 94: (3) added, p. 1059, § 3, effective May 4. L. 96: (1)(b), (1)(c), and (2) amended, p. 1844, § 13, effective July 1. L. 2006: (4) added, p. 313, § 1, effective July 1. L. 2012: (4)(b)(II) amended, (HB 12-1332), ch. 238, p. 1059, § 15, effective August 8.
