Assembly Bill 651 (California Compassionate Choices Act) was introduced by Assemblyman Lloyd Levine and Assemblywoman Patty Berg.  Read AB651.     On June 28, 2006, the bill suffered a major defeat by failing in the Judiciary Committee, all but ensuring that Oregon will remain the only state in the Union with regulated, legally sanctioned physician-assisted dying. According to a March 15, 2006 Field Poll, 70% of all California adults said they believe incurably-ill patients have the right to get a lethal prescription that they could administer themselves. Read the poll.  

Click here for current California news from Californians for Aid in Dying

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June 27, 2006: California Judiciary Committee Votes Down Assisted-Suicide Bill
by Greg Lucas, San Francisco Chronicle, Sacramento Bureau

(06-27) 19:07 PDT Sacramento -- Legislation allowing doctors to help terminally ill patients end their lives was defeated Tuesday after an emotionally charged hearing that drew 120 people to testify about life and suffering and whether modern medicine should be called upon to hasten death.

The bill failed in its first legislative hearing when the senator chairing the committee surprised supporters and voted against it. The action effectively ends the ability to pass the measure this year.

Sen. Joe Dunn, a Santa Ana Democrat, said he wrestled with his position on the controversial measure. During the last week, Dunn consulted with Orange County's bishop, who opposed the measure, and a University of California at Davis bio-ethics expert, who supported it.

Ultimately, Dunn said, he was afraid that in the future, "the power of money" would expand application of doctor-assisted suicide beyond terminally ill patients.

"In this society, in California and the United States, more often than not public policy decisions are driven unfortunately by money concerns," Dunn told the packed hearing room. "With a heavy heart, I will be a 'no' vote."

Later, Dunn said money's influence could come from any number of sources HMOs, health insurers even the state's unwillingness to appropriate money for more end-of-life care.

Dunn's vote was critical for supporters. Dunn said previously he was undecided on the bill, and he said he remained undecided at the beginning of Tuesday's hearing.

Without Dunn's vote, supporters could not get the three "yes" votes needed to clear the Senate Judiciary Committee. The remaining two Democrats voted for it. Republicans opposed it.

"It's a crushing disappointment," said Assemblywoman Patty Berg, D-Eureka, one of the bill's co-authors, after the vote. "To have this bill fail because one senator has no faith in the legislators who will come after us is truly devastating. Terminally ill patients in California deserve better than this."

The emotionally charged issue of whether terminally ill patients should be able to avoid further suffering and end their life has been debated in the California Legislature almost since Oregon became the first state in the nation to allow the practice eight years ago.

The bill defeated Tuesday, AB 651, was modeled after Oregon's law and would allow a doctor to prescribe a lethal prescription to terminally ill patient diagnosed with no more than six months to live.

It has been opposed -- as was the bill defeated Tuesday -- by the California Medical Association, the Catholic Church, some disabled advocates and hospice operators, among others.

Supporters include individual doctors, advocacy groups for seniors and the state Commission on Aging.

So contentious is the issue that coalitions have formed on either side: Californians for Compassionate Choice support the idea. Californians Against Assisted Suicide oppose it.

"It's about the freedom of the individual to make choices. It is not a freedom without limits. It's appropriate only for those whose death is imminent and unavoidable," said Berg in presenting the bill.

Tom McDonald, 76-year-old retired electronics technician from Lake Oroville near Chico provided the hearing's most wrenching moment.

"Passing this bill this year means more to me than most because I've been placed in death row," said McDonald who was diagnosed in January with terminal melanoma.

"My doctor told me I'd know when I'm near the end because I'll be coughing up blood. I'm not too thrilled with the prospect of ending my life drowning in my own blood. I do not want my loving wife to endure such a sight. Nor do I want my daughter, my son or my grandchildren subjected to such horrors. Nor do I want to lose control of my dignity and my faculties but at this point I will be out of options,'' McDonald haltingly testified.

Opponents were sympathetic to McDonald but argued that doctors should care for patients rather than help them take their lives.

"Suicide is not medical care. It is its antithesis," said Dr. Holly Swiger, a hospice nurse, who serves on the board of the California Hospice and Palliative Care Association.

Marilyn Golden, an analyst for the Disability Rights Education and Defense Fund, told the committee legalizing assisted suicide would "distort the attitude of doctors toward their sickest patients."

Opponents also said that sometimes a dying person learns valuable lessons about life and love and care, lessons they would not glean if they had hastened their end.

Supporters countered that the measure had even more safeguards in Oregon's law and that patients enduring intense suffering should be given the option to end that suffering.

"I'm very disappointed. Seventy percent of Californians consistently support this," said the bill's other co-author Assemblyman Lloyd Levine, D-San Fernando, acknowledging that the bill cannot be revived this year.

Even if the measure had passed the Legislature it's unlikely Gov. Arnold Schwarzenegger would have signed it.

At a Sacramento Press Club luncheon in January, the Republican governor, who faces re-election this fall, said the decision on whether California embraces such a law should be left to the voters.

"This is a decision probably that should go to the people, like the death penalty or other big issues," Schwarzenegger said. "I don't think that we, 120 legislators and I, should make that decision."

E-mail Greg Lucas at glucas[AT]sfchronicle.com

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June 27, 2006: California Assisted Suicide Bill Fails In Committee
By Colin Fogarty, Oregon Public Broadcasting

PORTLAND, OR 2006-06-27 An Oregon-style physician assisted suicide bill in the California state legislature appears to have suffered a major defeat Tuesday.

A committee in the California state Senate rejected a bill to allow terminally ill people to request a lethal dose of drugs to end their life. Colin Fogarty has our story:

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Senate judiciary committee chair Democrat Joseph Dunn kept tight control of what he anticipated would be an emotional hearing.

Joseph Dunn: "Feelings are held very strongly both support and opposition. What I will not tolerate here on the main floor: cell phones. I probably don't need to say anybody in the audience to cheer or boo witnesses testimony."

The debate in the packed committee room echoed the kind of point and counterpoint Oregonians have been hearing for nearly 12 years. In fact, the eight-and-a-half years of the Oregon law played a key role in the debate.

The sponsor of Assembly Bill 651, Democrat Patty Berg, said the measure requires a two-week waiting period, consultation from at least two physicians, and other safeguards against abuse.

Patty Berg: "It is based on Oregon's Death with Dignity Act, which has proven itself sound and trustworthy for 8 years."

The committee heard from a terminally ill man, Tom McDonell, who said he wants the same end of life choices in California as someone in his situation has in Oregon.

Tom McDonell: "I've had a wonderful life. I can accept my death. I just want to face that death with compassion and dignity and some slight measure of comfort and control as AB 651 provides."

After a panel of advocates testified for the proposal, the judiciary committee heard from opponents of the measure, including Marilyn Golden, with the Disability Rights Education and Defense Fund. She warned that disabled people or the poor could feel pressure to end their lives.

Marilyn Golden: "Choice for the few comes at the expense of the many."

Golden blasted Oregon's law for what she sees as lax oversight, an idea backers of assisted suicide reject. The California Medical Association's Susan Penney warned against what she considers a slippery slope -- that once assisted suicide is legalized for dying people, it could be extended to those who are chronically ill or disabled.

Susan Penney: "Once the concept of physician assistance in suicide is accepted, then the potential for extending it to incapacitated patients and other categories and other patients who are suffering remains."

Testimony against the bill appears to have doomed the measure in the five-member committee. Before the hearing, two Republicans were opposed and two Democrats were in favor.

The deciding vote came from judiciary chair Joseph Dunn, who said he is too concerned that financial concerns by patients and the health care industry could drive legalized physician assisted suicide in the future.

With the bill's failure in a committee in the CA, Oregon appears likely to remain the only state in the nation with legaliziled physician-assisted suicide in the foreseeable future.

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June 17, 2006: Assisted Suicide Bill Moves to Judiciary Committee
By Sara Watson Arthurs, The Times-Standard (Eureka, CA)

Sixteen months after its introduction, the bill that would legalize physician-assisted suicide in California is headed for its next committee hearing on Tuesday.

The Senate Judiciary Committee will hold a hearing on Assembly Bill 651, authored by Assemblywoman Patty Berg, D-Eureka, and Assemblyman Lloyd Levine, D-Van Nuys.

The bill, also called the California Compassionate Choices Act, would allow Californians with a prognosis of less than six months to live to request a prescription for lethal medication. People wanting to end their lives through the law would have to undergo a psychological evaluation and be advised, in writing, of the alternatives available, including hospice care.

Tuesday's hearing is just an informational hearing, said Berg's chief of staff, Will Shuck. He said the Senate Judiciary Committee will hold another hearing a week later, during which the committee will vote on the matter.

Shuck said supporters are optimistic.

”We've spent well over a year gathering information and making a very strong case,” he said.

The coalition Californians Against Assisted Suicide sent a press release reaffirming their opposition to the bill.

”Californians Against Assisted Suicide, a coalition of members including California League of United Latin American Citizens, California Disability Alliance, California Federation of Independent Living and many others, will be at the hearing opposing this legislation,” the press release states.

The coalition believes “assisted suicide represents a destructive response to illness or disability,” it continues.

Berg and Levine introduced the bill as Assembly Bill 654 in February 2005.

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Senator Diane Feinstein Supports AB 651

On April 26, 2006, United States Senator Diane Feinstein (D-CA) expressed her support of California's Compassionate Choices Act in a letter to Assemblymember Patty Berg, co-author of the bill with Assemblymember Lloyd Levine.

In her letter, Sen. Feinstein said:

"Simply put, I beliee that terminally-ill patients have the right to make their own personla end-of-life decisions. I know, based on my own experiences with loved ones, that end-of-life decisions are gut-wrenching, difficult, and extremely personal. When terminally-ill patients are considering their end-of-life options, they want to discuss them with their family, friends and their physicians -- people they trust -- and government should not stand in the way."

Click here to read Sen. Feinstein's full letter.

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California Attorney General Supports AB 651

On April 12, 2006, California State Attorney General Bill Lockyer expressed his support of California's Compassionate Choices Act in a letter to Assemblymember Patty Berg, co-author of the bill with Assemblymember Lloyd Levine.

In his letter, Lockyer said:

"This carefully crafted measure will ensure that terminally ill patients are given the option to experience a humane and less painful death. The extensive, and important, safeguards in AB 651 will ensure that the choice made by a terminally ill patient is informed, deliberate and voluntary."

Click here to read Attorney General Lockyer's press release and letter.

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April 26, 2006: Cancer Patient's Capitol Crusade For The Right To Die

By Nannette Miranda

Apr. 26 - KGO-7 TV (San Francisco, Calif) - A terminally ill San Francisco woman is fighting for what she says is her right to die. Sandra Butler is campaigning lawmakers in Sacramento to give her and other patients freedom of choice during their final days.

Butler's final wish is at the mercy of Latino lawmakers with strong religious ties.

62-year-old Sandra Butler of San Francisco is dying of lung cancer and urged lawmakers today to pass the Compassionate Choice Act before her illness gets too debilitating. 
Sandra Butler, terminally ill cancer patient: "We should have the right to die with dignity, to die peacefully in the arms of our loved ones."

Political watchers think the bill's future lies with Democratic Latino lawmakers who are also Catholic. The Catholic Church is adamantly opposed to assisted-suicide. On the California Catholic Conference's website, the group says life is a gift:

"The Church also teaches us that true compassion and fidelity to our fellow humans call us to embrace those who are dying, not provide them with the means to end their life."

Democrat and Lt. Governor Cruz Bustamante once served as an Assemblyman and Speaker. He's familiar with the struggle of balancing faith with individual freedom.

Lt. Gov Cruz Bustamente, D-California: "It's hard to extract yourself from your religious beliefs and from your core values & and to think about the greater good for the state of California."

A February poll of California Latinos shows 64-percent somewhat or strongly disapprove of assisted-suicide, further complicating a Latino lawmaker's decision.

Lt. Gov Cruz Bustamente, D-California: "Many of them pray. Many of them talk to religious leaders. Many of them talk to community leaders in order to be able to come to this sometimes torturous decision."

So far, Oregon is the only state to legalize assisted suicide. If California doesn't pass a similar measure, Butler says she'll take matters into her own hands anyway when the time comes.

Sandra Butler, terminally ill cancer patient: "I think they're entitled to do what they want with their beliefs. I do not think they have the right to decide what to do with mine."

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March 10, 2006: California Legislators Consider Right-to-Die Bill

by C. Johnson, Internet News Producer, KXTV-TV

California lawmakers are debating legislation that would allow terminally ill patients the right to hasten the end of their lives with medication provided by physicians.

Assembly Bill 651, the California Compassionate Choices Act, is sponsored by Assem. Patty Berg, D-Eureka and Assemblyman Lloyd Levine, D-Van Nuys. It is modeled after Oregon's Death with Dignity Act that Oregon voters approved in 1998. Each year Oregon publishes a report of how many Oregonians made the decision to end their lives under the law's provisions. Last year, 38 incurably-ill people chose to exercise that right.

One of the patients was Carolyn Lund. She had suffered with cancer for five years. Her son Rod Lund talked about the decision his mother made to end her life when there was no more hope. "Her decision is based on the fact that she didn't want to suffer and she mostly didn't want her family to see her suffer," Lund said.

Assemblyman Levine said such a decision should be made by the one who is most affected. "This is not something that happens to you. This is something you do for yourself," he said.

Two recent surveys found that two out of three Californians now agree they should have the option of deciding to legally end their lives when they have a irreversible, terminal medical condition. That differs from 1992, when the state's voters turned down a so-called assisted suicide proposition at the ballot box.

Right to-die-legislation has plenty of opposition. "The question is: Are we really talking as a society that we want to support suicide for anyone? Because this is a societal question," says Teresa Favuzzi with the California Foundation for Independent Living Centers. "Are we saying suicide is okay for some people but not other people?"

Lund countered it's about having a choice when faced with an incurable medical condition, that will only, and perhaps painfully, led to death.

Some of the basic provisions of AB 651 include the patient must be an adult of sound mind who has six months or less to live. The diagnosis of terminal illness must be confirmed by two physicians. The patient must request the option of medication to end life in writing.

The measure is being heard in the Senate Rules committee. Support and opposition is split generally along party lines, with Democrats supporting AB 651 and Republicans opposed to it. Should the bill become law, California would be the first state in the nation to legislatively-enact a right-to-die law.

January 24, 2006: Co-Authors of Bill to Aid Terminally Ill Californians Move Ahead With Their Goal of Passing Legislation

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2005
In June 2005, backers of the original AB654 suspended efforts to win legislative approval, due to a shortage of votes and a looming deadline. 

2003
Senate Bill 594 was introduced in 2003 and would have further ensured that conservators and guardians respect an individuals wishes regarding medical care in the event of a terminal illness, even if the wishes are not written in advance or if they differ with decisions the conservator or guardian would make for themselves. No action was taken on the bill, and became inactive.

1999
Assemblywoman Dion Aroner introduced House Bill 1592 in 1999, which was modeled after Oregon's Death with Dignity Act. The bill passed through the Senate Judiciary Committee by an 8-7 vote and subsequently received Appropriations Committee approval. However, the bill was not sent to the full Senate for a vote, due to an assured defeat, and became inactive in January 2000.

1995
An Oregon-style physician-assisted dying bill (CA-DWDA) was introduced into the California Legislature but failed due to lack of support.

1992
Americans for Death with Dignity, formerly Americans against Human Suffering, gathered enough signatures to place the California Death with Dignity Act (CA- DWDA) on the state ballot as Proposition 161. In November, the proposition was defeated 54% to 46%.

1988
A Hemlock Society-oriented group, Americans against Human Suffering, launched a campaign to legalize aid-in-dying for terminally-ill patients. The campaign failed to garner sufficient voter signatures to qualify for November’s ballot initiative vote.

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