II 109th CONGRESS 1st Session S. 653 IN THE SENATE OF THE UNITED STATES March 17, 2005 Mr. Martinez (for himself, Mr. Frist, Mr. Alexander, Mr. Bunning, Mr. Coleman, Mr. Ensign, Mr. Brownback, Mr. Coburn, Mr. Cornyn, Mr. Inhofe, Mr. Sessions, Mr. Santorum, Mr. Vitter, Mr. Hagel, Mr. DeMint, Mr. Stevens, Mr. Conrad, Mr. Isakson, and Mr. DeWine) introduced the following bill; which was read twice, considered, read the third time, and passed A BILL For the relief of the parents of Theresa Marie Schiavo.

1.

Relief of the parents of Theresa Marie Schiavo

The United States District Court for the Middle District of Florida shall have jurisdiction 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 Theresa Marie Schiavo under the Constitution or laws of the United States relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.

2.

Procedure

Any parent of Theresa Marie Schiavo shall have standing to bring a suit under this Act. The suit may be brought against any other person who was a party to State court proceedings relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain the life of Theresa Marie Schiavo, or 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. In such a suit, the District Court shall determine de novo any claim of a violation of any right of Theresa Marie Schiavo 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. The District Court shall 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.

3.

Relief

After a determination of the merits of a suit brought under this Act, the District Court shall issue such declaratory and injunctive relief as may be necessary to protect the rights of Theresa Marie Schiavo under the Constitution and laws of the United States relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.

4.

Time for filing

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

5.

Stay

Upon the filing of a suit or claim under this Act, the District Court may issue a stay of any State court order authorizing or directing the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain the life of Theresa Marie Schiavo pending the determination of the suit.

6.

No change of substantive rights

Nothing in this Act shall be construed to create substantive rights not otherwise secured by the Constitution and laws of the United States or of the several States.

7.

No effect on assisting suicide

Nothing in this Act shall be construed to confer additional jurisdiction on any court to consider any claim related to (1) assisting suicide or (2) a State law regarding assisting suicide.

8.

No precedent for future legislation

Nothing in this Act shall constitute a precedent with respect to future legislation.

9.

No affect on the patient self-determination act of 1990

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