3.0.0 653 2019-11-15T21:33:18Z 2019-11-15T21:33:18Z Senate S S 2005-03-17 109 hsju00 Judiciary Committee House Standing Referred to 2005-03-21T04:59:00Z Incapacitated Persons Legal Protection Act of 2005 109 1151 HR 2005-03-10 Referred to the Subcommittee on the Constitution. Related bill CRS 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 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 CRS 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 House 2005-03-20 Referred to the House Committee on the Judiciary. IntroReferral H11100 2 House floor actions hsju00 Judiciary Committee 2005-03-20 13:00:00 Received in the House. Floor H14000 2 House floor actions 2005-03-17 Senate Message on Senate action sent to the House. Floor 2005-03-17 Senate Introduced in the Senate, read twice, considered, read the third time, and passed without amendment by Voice Vote. (consideration: CR S2926-2929; text as passed Senate: CR S2929) Floor 2005-03-17 Passed/agreed to in Senate: Introduced in the Senate, read twice, considered, read the third time, and passed without amendment by Voice Vote.(consideration: CR S2926-2929; text as passed Senate: CR S2929) Floor 17000 9 Library of Congress 2005-03-17 Introduced in Senate IntroReferral 10000 9 Library of Congress M001162 Sen. Martinez, Mel [R-FL] Mel Martinez R FL N F000439 Sen. Frist, William H. [R-TN] WILLIAM FRIST R TN H. 2005-03-17 True A000360 Sen. Alexander, Lamar [R-TN] Lamar Alexander R TN 2005-03-17 True B001066 Sen. Bunning, Jim [R-KY] JIM BUNNING R KY 2005-03-17 True C001057 Sen. Coleman, Norm [R-MN] Norm Coleman R MN 2005-03-17 True E000194 Sen. Ensign, John [R-NV] JOHN ENSIGN R NV 2005-03-17 True B000953 Sen. Brownback, Sam [R-KS] SAM BROWNBACK R KS 2005-03-17 True C000560 Sen. Coburn, Tom [R-OK] TOM COBURN R OK 2005-03-17 True C001056 Sen. Cornyn, John [R-TX] John Cornyn R TX 2005-03-17 True I000024 Sen. Inhofe, James M. [R-OK] Jim Inhofe R OK 2005-03-17 True S001141 Sen. Sessions, Jeff [R-AL] Jeff Sessions R AL 2005-03-17 True S000059 Sen. Santorum, Rick [R-PA] RICK SANTORUM R PA 2005-03-17 True V000127 Sen. Vitter, David [R-LA] David Vitter R LA 2005-03-17 True H001028 Sen. Hagel, Chuck [R-NE] CHUCK HAGEL R NE 2005-03-17 True D000595 Sen. DeMint, Jim [R-SC] James DeMint R SC W. 2005-03-17 True S000888 Sen. Stevens, Ted [R-AK] THEODORE STEVENS R AK F. 2005-03-17 True C000705 Sen. Conrad, Kent [D-ND] KENT CONRAD D ND 2005-03-17 True I000055 Sen. Isakson, Johnny [R-GA] Johnny Isakson R GA 2005-03-17 True D000294 Sen. DeWine, Mike [R-OH] MICHAEL DEWINE R OH 2005-03-17 True H000206 Sen. Harkin, Tom [D-IA] THOMAS HARKIN D IA RICHARD 2005-03-19 False Law Civil Rights and Liberties, Minority Issues Civil actions and liability Constitutional law District courts Families Florida Government Operations and Politics Health Injunctions Jurisdiction Limitation of actions Living wills Parents Parties to actions Right to die State courts Terminal care Law 00 2005-03-17 Introduced in Senate 2005-03-21T20:07:31Z 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 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.

]]> 82 2005-03-17 Passed Senate without amendment 2005-03-18T22:46:00Z (This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

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: (1) who 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) who 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.

Requires the District Court, after a determination of the merits of a suit brought under this Act, to issue such declaratory and injunctive relief as may be necessary to protect the rights of Ms. Schiavo under the U.S. Constitution and laws relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.

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.

Authorizes the District Court, upon the filing of such a suit or claim, to issue a stay of any State court order authorizing or directing the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain Ms. Schiavo's life pending the determination of the suit.

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.

]]> A bill for the relief of the family of Theresa Marie Schiavo. Display Title A bill for the relief of the family of Theresa Marie Schiavo. Official Title as Introduced A bill for the relief of the family of Theresa Marie Schiavo. Referred in House 2005-03-20T05:00:00Z Engrossed in Senate 2005-03-17T05:00:00Z Considered and Passed Senate 2005-03-17T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-109s653cps/xml/BILLS-109s653cps.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.