[United States Statutes at Large, Volume 119, 109th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

119 STAT. 15

Public Law 109-3
109th Congress

An Act


 
For the relief of the parents of Theresa Marie Schiavo. NOTE: Mar. 21,
2005 -  [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 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.

[[Page 16]]
119 STAT. 16

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.

Approved March 21, 2005.

LEGISLATIVE HISTORY--S. 686:
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CONGRESSIONAL RECORD, Vol. 151 (2005):
Mar. 20, considered and passed Senate and House.