3.0.0 1334 2022-02-03T05:35:26Z 2022-02-03T05:35:26Z House H HR 2005-03-16 109 hsju00 Judiciary Committee House Standing Referred to 2005-03-17T02:54:29Z Protection of Incapacitated Persons Act of 2005 109 1332 HR 2005-03-20 Read twice and referred to the Committee on the Judiciary. Related bill CRS Related bill House A bill to provide for the relief of the parents of Theresa Marie Schiavo. 109 686 S 2005-03-21 Became Public Law No: 109-3. Related bill CRS Incapacitated Persons Legal Protection Act of 2005 109 539 S 2005-03-08 Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 34. Related bill House Providing for consideration of the bill (H.R. 1334) to amend title 28, United States Code, to provide for the removal to Federal court of certain State court cases involving the rights of incapacitated persons, and for other purposes. 109 162 HRES 2006-06-29 Pursuant to the provisions of H. Res. 897, H. Res. 162 is laid on the table. 14:59:34 Procedurally-related House 2005-03-16 21:55:50 Rules Committee Resolution H. Res. 162 Reported to House. Rule provides for consideration of H.R. 1334 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. Floor H1L210 2 House floor actions 2005-03-16 Referred to the House Committee on the Judiciary. IntroReferral H11100 2 House floor actions hsju00 Judiciary Committee 2005-03-16 Introduced in House IntroReferral Intro-H 9 Library of Congress 2005-03-16 Introduced in House IntroReferral 1000 9 Library of Congress S000244 Rep. Sensenbrenner, F. James, Jr. [R-WI-5] F. SENSENBRENNER R WI JAMES 5 N W000267 Rep. Weldon, Dave [R-FL-15] DAVE WELDON R FL 15 2005-03-16 True D000217 Rep. DeLay, Tom [R-TX-22] TOM DELAY R TX 22 2005-03-16 True C000266 Rep. Chabot, Steve [R-OH-1] STEVE CHABOT R OH 1 2005-03-16 True F000447 Rep. Feeney, Tom [R-FL-24] Tom Feeney R FL 24 2005-03-16 True J000082 Rep. Jenkins, William L. [R-TN-1] WILLIAM JENKINS R TN L. 1 2005-03-16 True C000116 Rep. Cannon, Chris [R-UT-3] CHRIS CANNON R UT 3 2005-03-16 True K000362 Rep. King, Steve [R-IA-5] Steve King R IA 5 2005-03-16 True B000013 Rep. Bachus, Spencer [R-AL-6] SPENCER BACHUS R AL 6 2005-03-16 True F000448 Rep. Franks, Trent [R-AZ-2] Trent Franks R AZ 2 2005-03-16 True H000807 Rep. Hostettler, John N. [R-IN-8] JOHN HOSTETTLER R IN 8 2005-03-16 True K000361 Rep. Keller, Ric [R-FL-8] RIC KELLER R FL 8 2005-03-16 True L000517 Rep. Lungren, Daniel E. [R-CA-3] DANIEL LUNGREN R CA EDWARD 3 2005-03-16 True P000587 Rep. Pence, Mike [R-IN-6] MIKE PENCE R IN 6 2005-03-16 True Law Civil Rights and Liberties, Minority Issues Civil actions and liability Constitutional law District courts Families Government Operations and Politics Health Jurisdiction Living wills Parents Parties to actions Right to die State courts Terminal care Law 00 2005-03-16 Introduced in House 2005-04-09T15:35:25Z Protection of Incapacitated Persons Act of 2005 - Amends the Federal judicial code to authorize an incapacitated person (person), or the person's next friend, to remove to the U.S. district court, for the district in which it arose or was heard, within 30 days after available State remedies have been exhausted, any claim or cause of action in which the State court authorizes or directs the withholding or withdrawal of food or fluids or medical treatment necessary to sustain the person's life.

Defines: (1) incapacitated person as a born individual presently incapable of making relevant decisions concerning the provision, withholding, or withdrawal of food, fluids or medical treatment under applicable law; and (2) next friend as an individual who has some significant relationship with the real party in interest, including a parent.

Exempts from such removal authority any claim or cause of action in which no party disputes, and the court finds, that the incapacitated person, while having capacity, had executed a written advance directive valid under applicable law that clearly authorized the withholding or withdrawal of food or fluids or medical treatment in the applicable circumstances.

Requires the U.S. district court, in hearing and determining such a claim or cause of action removed under this Act, to consider only whether authorizing or directing the withholding or withdrawal of food or fluids or medical treatment necessary to sustain the person's life constitutes a deprivation of any right, privilege, or immunity secured by the Constitution or laws of the United States.

Declares that: (1) the court shall determine any such claim or cause of action de novo; and (2) no bar or limitation based on abstention, res judicata, collateral estoppel, procedural default, or any other doctrine of issue or claim preclusion shall apply.

]]> Protection of Incapacitated Persons Act of 2005 Short Titles as Introduced Protection of Incapacitated Persons Act of 2005 Display Title Protection of Incapacitated Persons Act of 2005 Official Title as Introduced To amend title 28, United States Code, to provide for the removal to Federal court of certain State court cases involving the rights of incapacitated persons, and for other purposes. Introduced in House 2005-03-16T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-109hr1334ih/xml/BILLS-109hr1334ih.xml 2005-03-16 Rules Committee Resolution H. Res. 162 Reported to House. Rule provides for consideration of H.R. 1334 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. 21:55:50 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.