[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 686 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  1st Session
                                 S. 686

_______________________________________________________________________

                                 AN ACT


 
        For the relief of the parents of Theresa Marie Schiavo.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 5. 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.

SEC. 6. NO EFFECT ON ASSISTING SUICIDE.

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

SEC. 7. NO PRECEDENT FOR FUTURE LEGISLATION.

    Nothing in this Act shall constitute a precedent with respect to 
future legislation, including the provision of private relief bills.

SEC. 8. 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.

SEC. 9. SENSE OF THE CONGRESS.

    It is 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.

            Passed the Senate March 20, 2005.

            Attest:

                                                             Secretary.
109th CONGRESS

  1st Session

                                 S. 686

_______________________________________________________________________

                                 AN ACT

        For the relief of the parents of Theresa Marie Schiavo.