Incapacitated Persons Legal Protection Act of 2005 - Amends the Federal judicial code to extend habeas corpus protections to persons who are subject to a court order authorizing or directing the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain the person's life.
Deems persons having custody in such cases to encompass parties so authorized or directed. States that there shall be no requirement to produce the body of the incapacitated person at the hearing.
Exempts from this Act those cases in which the incapacitated person indisputably executed a written advance directive while having capacity that clearly authorized the withholding or withdrawal of food, fluids, or necessary medical treatment.
Defines "incapacitated person" to mean an individual presently incapable of making relevant decisions concerning the provision, withholding, or withdrawal of food, fluids, or medical treatment under applicable State law.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1151 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 1151
To amend title 28, United States Code, to provide the protections of
habeas corpus for certain incapacitated individuals whose life is in
jeopardy, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 8, 2005
Mr. Weldon of Florida (for himself, Mr. Stupak, Mr. Taylor of
Mississippi, Mr. Ortiz, Mr. Rahall, Mr. Mollohan, Mr. Holden, Mr.
Lipinski, Mr. McIntyre, Mr. Pence, Mr. Aderholt, Mr. Herger, Mr. Akin,
Mr. Sam Johnson of Texas, Mrs. Myrick, Mr. Feeney, Ms. Hart, Mr.
Garrett of New Jersey, Ms. Foxx, Mr. Bartlett of Maryland, Mr. Pitts,
Mr. Hostettler, Mrs. Musgrave, Mr. Barrett of South Carolina, Mr. Ryun
of Kansas, Mr. Istook, Mr. Chocola, Mr. Sodrel, Mr. Shadegg, Mr.
Cantor, Mr. Cox, Mr. Tancredo, Mr. Doolittle, Mr. Sullivan, Mr.
Gutknecht, Mr. McHenry, Mr. Smith of New Jersey, Mr. King of Iowa, Mr.
Miller of Florida, Mr. Chabot, Mr. McCotter, Mr. Kennedy of Minnesota,
Mr. Bilirakis, Mr. Souder, Mr. Franks of Arizona, Mr. Westmoreland, Mr.
Inglis of South Carolina, Mr. Renzi, Mr. Green of Wisconsin, Mr. Mica,
Mr. Lincoln Diaz-Balart of Florida, Mrs. Jo Ann Davis of Virginia, Mr.
Crenshaw, Mr. Keller, Mr. Mario Diaz-Balart of Florida, Mr. Stearns,
Mr. Wilson of South Carolina, Mr. Hyde, Mr. Blunt, Mrs. Blackburn, Mr.
Fitzpatrick of Pennsylvania, Mr. Davis of Kentucky, and Mr. Platts)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To amend title 28, United States Code, to provide the protections of
habeas corpus for certain incapacitated individuals whose life is in
jeopardy, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Incapacitated Persons Legal
Protection Act of 2005''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Under the Fourteenth Amendment to the Constitution of
the United States, ``No State . . . shall deprive any person of
life . . . without due process of law...nor deny to any person
within its jurisdiction the equal protection of the laws.''
(2) Section 5 of the Fourteenth Amendment empowers Congress
``to enforce, by appropriate legislation, the provisions'' of
the Amendment. The United States Supreme Court has held that
under this section, while Congress may not work a ``substantive
change in the governing law'' under the other sections of the
Fourteenth Amendment, it may adopt remedial measures exhibiting
``a congruence and proportionality between the injury to be
prevented or remedied and the means adopted to that end.''
Tennessee v. Lane, 541 U.S. 509, 21 (2004); City of Boerne v.
Flores, 521 U.S. 507, 519-20 (1997).
(b) Purposes.--It is the purpose of this Act--
(1) to facilitate balancing the acknowledged right of
persons to refuse consent to medical treatment and unwanted
bodily intrusions with the right to consent to treatment, food,
and fluids so as to preserve their lives; and
(2) in circumstances in which there is a contested judicial
proceeding because of dispute about the expressed previous
wishes or best interests of a person presently incapable of
making known a choice concerning treatment, food, and fluids
the denial of which will result in death, to provide that the
fundamental due process and equal protection rights of
incapacitated persons are protected by ensuring the
availability of collateral review through habeas corpus
proceedings.
SEC. 3. EXTENSION OF HABEAS PROTECTIONS.
(a) In General.--Chapter 153 of title 28, United States Code, is
amended by striking section 2256 and inserting the following:
``Sec. 2256. Extension of habeas protections to certain persons subject
to court orders
``(a) For the purposes of this chapter, an incapacitated person
shall be deemed to be in custody under sentence of a court established
by Congress, or deemed to be in custody pursuant to the judgment of a
State Court, as the case may be, when an order of such a court
authorizes or directs the withholding or withdrawal of food or fluids
or medical treatment necessary to sustain the person's life. In a
habeas corpus proceeding under this section the person having custody
shall be deemed to encompass those parties authorized or directed by
the court order to withdraw or withhold food, fluids, or medical
treatment, and there shall be no requirement to produce at the hearing
the body of the incapacitated person.
``(b) Subsection (a) does not apply in the case of a judicial
proceeding in which no party disputes, and the court finds, that the
incapacitated person, while having capacity, had executed a written
advance directive valid under applicable law that clearly authorized
the withholding or withdrawal of food or fluids or medical treatment in
the applicable circumstances.
``(c) As used in this section, the term ``incapacitated person''
means an individual who is presently incapable of making relevant
decisions concerning the provision, withholding, or withdrawal of food,
fluids or medical treatment under applicable state law.
``(d) Nothing in this section shall be construed to create
substantive rights not otherwise secured by the Constitution and laws
of the United States or of the several States. ''.
(b) Clerical Amendment.--The item relating to section 2256 in the
table of sections at the beginning of chapter 153 of title 28, United
States Code, is amended to read as follows:
``2256. Extension of habeas protections to certain persons subject to
court orders.''.
(c) Prospective Effect.--The remedies specified by this Act shall
be available on behalf of any incapacitated person deemed to be in
custody by its terms who is alive on or after the effective date of
this Act.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR H993-994)
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on the Constitution.
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