The 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, it 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 both circulatory and respiratory functions or all brain functions, 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 will still be enforceable. This provision allows for the continued application of the law even if certain aspects are challenged or found unconstitutional.

Statutes affected:
LC Text: 50-22-101