Assembly Panel OKs Bill on Assisted Suicide

After an emotion-tinged debate, a controversial measure to allow physician-assisted suicide narrowly won approval in the Assembly Judiciary Committee on Tuesday.

The legislation passed 8-7 after newly elected Green Party Assemblywoman Audie Bock of Oakland dramatically switched sides, having initially voted against the proposal.

Upon reflection, Bock said, she returned to her original position in favor of the bill, describing it as a matter of individual choice.

The rookie legislator cited her grandmother’s death two decades ago, saying that she watched her grandmother “in the hospital, terminally ill, asking again and again, begging the doctor to let her go and being refused.”

Described as the Death With Dignity Act, the measure by Assemblywoman Dion Aroner (D-Berkeley) would allow competent adults suffering a terminal illness to seek a medication from a doctor to end their lives.

“I’m obviously pleased,” Aroner said after the committee’s action and lively debate. Her measure now goes to the Appropriations Committee.

During Tuesday’s hearing, Aroner said she does not expect many people to take advantage of her proposal if it becomes law. “It’s not something most dying patients will choose,” said Aroner, who choked with emotion at several points during the hearing.

In a Capitol hearing room packed with supporters and opponents, Aroner argued that those nearing death, primarily the elderly, should be able to make the end-of-life decision.

Opponents, including disability rights groups and physicians, faulted the measure for failing to deal with what they believe is the core issue: the need for better health care for more people.

Critics faulted the bill for not having enough safeguards. “The best safeguard is to keep this practice illegal,” said Rex Greene, president of the Los Angeles County Medical Assn.

Aroner’s measure would allow a person who has a medical diagnosis stating that they are within six months of death to voluntarily request assistance in dying. A request must be in writing. The patient must have two physicians involved and be deemed mentally competent.

If the measure is approved by the full Assembly and the Senate, it would go to Gov. Gray Davis, who has not indicated a position.

After a two-hour debate in the committee Tuesday, Aroner managed to attract support from seven committee members, one short of the eight votes needed for passage of the measure, modeled after a similar law in Oregon.

Initially, Bock said the issue was something private to be decided between patients and doctors.

Later, Bock said that Aroner’s office assured her that more protections would be drafted.

Assemblyman Kevin Shelley (D-San Francisco), one of several Democrats who opposed the measure, said he too viewed the controversial issue as very personal.

Shelley said he agonized over his decision, discussing it late Monday night with his wife, who favors the Aroner measure. Ultimately, though, he did not support the measure because of what he said was a deeply personal situation involving his mother.

Several years ago, Shelley recalled, his mother was ill and told him she wanted to die. Her health is now improved.

As a result, Shelley said, he does not believe there are sufficient safeguards in Aroner’s measure “to protect a mistake being made that causes the unwanted death of an individual.”

In 1992, California voters rejected a ballot initiative that would have allowed dying patients the choice to end their lives by asking their doctors to administer fatal injections or by providing other means for suicide.