This bill amends Section 50-22-101 of the Montana Code Annotated to redefine the criteria for determining whether an individual is alive or dead. The current language regarding "death" is replaced with a focus on being "alive or dead." Specifically, the bill states that an individual is considered alive if they have active circulatory functions, active respiratory functions or the potential for respiratory functions, or active brain functioning, indicating an expectation of continuing life. Conversely, an individual is deemed dead if they have experienced irreversible cessation of both circulatory and respiratory functions or irreversible cessation of all brain functions, including the brainstem.

Additionally, the bill introduces a new section on severability, ensuring that if any part of the act is found to be invalid, the remaining valid parts will still be in effect. This provision allows for the continued application of the law even if certain aspects are challenged or deemed unconstitutional.

Statutes affected:
LC Text: 50-22-101