Amendment ID: S2572-5

Amendment 5

Preventing Suicide Coercion

Mr. Finegold moves that the proposed new draft be amended by inserting at the end thereof the following new section:

SECTION XX. Chapter 265 of the General Laws is hereby amended by inserting after section 16 the following section:-

Section 16A. (a) For the purposes of this section, the following words shall have the following meanings:

“Suicide”, death caused by self-directed injurious behavior with intent to die as a result of the behavior.

“Suicide attempt”, a non-fatal, self-directed, potentially injurious behavior with intent to die as a result of the behavior, regardless of whether the behavior actually results in physical injury.

“Suicidal ideation”, thinking about, considering, or planning suicide.

“Knowledge of suicidal ideation”, actual knowledge of prior attempts to die from suicide; of a person’s planned methods to die from suicide; that a person intends to die from or attempt to die from suicide; or that a person has expressed such suicidal inclinations.

(b) A person shall be punished by imprisonment in the state prison for not more than 5 years if they know of another person’s propensity for suicidal ideation and either:

(1) (i) Exercise substantial control over the other person through control of the other person’s physical location or circumstances; deceptive or fraudulent manipulation of the other person’s fears, affections, or sympathies; or undue influence whereby the will of 1 person is substituted for the wishes of another;

(ii) intentionally coerces or encourages that person to commit or attempt to commit suicide; and

(iii) as a result of the coercion or encouragement, in whole or in part, that other person commits or attempts to commit suicide; or

(2) (i) Intentionally provides the physical means, or knowledge of such means, to the other person for the purpose of enabling that other person to commit or attempt to commit suicide and, as a result, the other person commits or attempts to commit suicide; or

(ii) participates in a physical act which causes, aids, encourages or assists the other person in committing or attempting to commit suicide.

(c) This section shall not apply to a medical treatment lawfully administered by, or in a manner prescribed by, a licensed physician.