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 with active circulatory functions, active respiratory functions or potential for respiratory functions, or active brain functioning is considered to possess the expectation of continuing life and must be regarded as alive. Conversely, an individual who has experienced irreversible cessation of circulatory and respiratory functions or all functions of the entire brain, including the brainstem, is classified as dead.

Additionally, the bill introduces a new section on severability, ensuring that if any part of the act is deemed invalid, the remaining valid parts that can stand alone will continue to be in effect. This provision aims to maintain the integrity of the legislation even if certain aspects are challenged or found unconstitutional.

Statutes affected:
LC Text: 50-22-101