3.0.0 1452 2019-11-15T21:33:16Z 2019-11-15T21:33:16Z House H HR 2005-03-20 109 hsju00 Judiciary Committee House Standing Referred to 2005-03-20T18:00:22Z 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. Identical bill CRS 2005-03-20 Referred to the House Committee on the Judiciary. IntroReferral H11100 2 House floor actions hsju00 Judiciary Committee 2005-03-20 Introduced in House IntroReferral Intro-H 9 Library of Congress 2005-03-20 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 Law Civil Rights and Liberties, Minority Issues Civil actions and liability Congress Constitutional law District courts Families Florida Government Operations and Politics Health Injunctions Jurisdiction Legislation Limitation of actions Living wills Parents Parties to actions Right to die State courts Terminal care Law 00 2005-03-20 Introduced in House 2005-03-23T20:40:01Z Grants jurisdiction to the U.S. District Court for the Middle District of Florida to hear, determine, and render judgment on a suit or claim by or on behalf of Theresa Marie Schiavo (Ms. Schiavo) for the alleged violation of any right of hers under the U.S. Constitution or laws relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.

Grants standing to any parent of Ms. Schiavo to bring a suit under this Act. Allows suit to be brought against any other person who: (1) was a party to State court proceedings relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain Ms. Schiavo's life; or (2) may act pursuant to a State court order authorizing or directing the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.

Declares that in such a suit the District Court shall determine de novo any claim of a violation of any right of Ms. Schiavo's within the scope of this Act, notwithstanding any prior State court determination and regardless of whether such a claim has previously been raised, considered, or decided in State court proceedings. Directs the District Court to entertain and determine the suit without any delay or abstention in favor of State court proceedings, and regardless of whether remedies available in the State courts have been exhausted.

Declares that, notwithstanding any other time limitation, any suit or claim under this Act shall be timely if filed within 30 days after its date of enactment.

Declares that nothing in this Act shall be construed to: (1) create substantive rights not otherwise secured by the Constitution and laws of the United States or of the several States; (2) confer additional jurisdiction on any court to consider any claim related to assisting suicide, or a State law regarding assisting suicide; or (3) constitute a precedent with respect to future legislation.

States that nothing in this Act shall affect the rights of any person under the Patient Self-Determination Act of 1990.

Declares the sense of Congress that the 109th Congress should consider policies regarding the status and legal rights of incapacitated individuals who are incapable of making decisions concerning the provision, withholding, or withdrawal of foods, fluid, or medical care.

]]> For the relief of the parents of Theresa Marie Schiavo. Display Title For the relief of the parents of Theresa Marie Schiavo. Official Title as Introduced For the relief of the parents of Theresa Marie Schiavo. Introduced in House 2005-03-20T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-109hr1452ih/xml/BILLS-109hr1452ih.xml 2005-03-20 Referred to the House Committee on the Judiciary. 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.