(This measure has not been amended since it was introduced. The expanded summary of the Senate passed version is repeated here.)
Grants jurisdiction to the U.S. District Court for the Middle District of Florida to hear, determine, and render judgment on a suit or claim by or on behalf of Theresa Marie Schiavo (Ms. Schiavo) for the alleged violation of any right of hers under the U.S. Constitution or laws relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.
Grants standing to any parent of Ms. Schiavo to bring a suit under this Act. Allows suit to be brought against any other person who: (1) was a party to State court proceedings relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain Ms. Schiavo's life; or (2) 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.
Declares that in such a suit the District Court shall determine de novo any claim of a violation of any right of Ms. Schiavo's 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. Directs the District Court to 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.
Declares that, notwithstanding any other time limitation, any suit or claim under this Act shall be timely if filed within 30 days after its date of enactment.
Declares that nothing in this Act shall be construed to: (1) create substantive rights not otherwise secured by the Constitution and laws of the United States or of the several States; (2) confer additional jurisdiction on any court to consider any claim related to assisting suicide, or a State law regarding assisting suicide; or (3) constitute a precedent with respect to future legislation.
States that nothing in this Act shall affect the rights of any person under the Patient Self-Determination Act of 1990.
Declares 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.
[109th Congress Public Law 3]
[From the U.S. Government Publishing Office]
[DOCID: f:publ003.109]
[[Page 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 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:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 151 (2005):
Mar. 20, considered and passed Senate and House.
<all>
Introduced in Senate
Passed/agreed to in Senate: Introduced in the Senate, read twice, considered, read the third time, and passed without amendment by Voice Vote.(consideration: CR S3099-3103; text as passed Senate: CR S3103; text of measure as introduced: CR S3105)
Introduced in the Senate, read twice, considered, read the third time, and passed without amendment by Voice Vote. (consideration: CR S3099-3103; text as passed Senate: CR S3103; text of measure as introduced: CR S3105)
Message on Senate action sent to the House.
Received in the House.
Held at the desk.
Mr. Sensenbrenner moved to suspend the rules and pass the bill.
Considered under suspension of the rules. (consideration: CR H1700-1723, CR 3/21/2005 H1723-1728)
DEBATE - Pursuant to a previous special order, the House proceeded with 3 hours of debate on the motion to suspend the rules and pass S. 686.
Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 203 - 58 (Roll no. 90).(text: CR 3/20/2005 H1700-1701)
Roll Call #90 (House)Enacted as Public Law 109-3
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On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 203 - 58 (Roll no. 90). (text: CR 3/20/2005 H1700-1701)
Roll Call #90 (House)Motion to reconsider laid on the table Agreed to without objection.
Rules Committee Resolution H. Res. 182 Reported to House. Rule provides for consideration of S. 686 with 10 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments.
Cleared for White House.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 109-3.
Became Public Law No: 109-3.