[Congressional Record Volume 151, Number 35 (Sunday, March 20, 2005)]
[Senate]
[Page S3105]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. FRIST (for himself, Mr. Martinez, and Mr. Santorum):
  S. 686. A bill to provide for the relief of the parents of Theresa 
Marie Schiavo; considered and passed.
  Mr. FRIST. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 686

       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 to 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 foods, 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 EFFECT 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.

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