Protection of Incapacitated Persons Act of 2005
Latest action · Mar 20, 2005 Read twice and referred to the Committee on the Judiciary.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedMar 16, 2005
- Passed HouseMar 16, 2005
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Protection of Incapacitated Persons Act of 2005 - Amends the Federal judicial code to authorize an incapacitated person (person), or the person's next friend, to remove to the U.S. district court, for the district in which it arose or was heard, within 30 days after available State remedies have been exhausted, any claim or cause of action in which the State court authorizes or directs the withholding or withdrawal of food or fluids or medical treatment necessary to sustain the person's life.
Defines: (1) incapacitated person as a born individual presently incapable of making relevant decisions concerning the provision, withholding, or withdrawal of food, fluids or medical treatment under applicable law; and (2) next friend as an individual who has some significant relationship with the real party in interest, including a parent.
Exempts from such removal authority any claim or cause of action 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.
Requires the U.S. district court, in hearing and determining such a claim or cause of action removed under this Act, to consider only whether authorizing or directing the withholding or withdrawal of food or fluids or medical treatment necessary to sustain the person's life constitutes a deprivation of any right, privilege, or immunity secured by the Constitution or laws of the United States.
Declares that: (1) the court shall determine any such claim or cause of action de novo; and (2) no bar or limitation based on abstention, res judicata, collateral estoppel, procedural default, or any other doctrine of issue or claim preclusion shall apply.
Cosponsors 13
Members who signed on, in the order they did. All signed on Mar 16, 2005.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-UT | Chris Cannon | Original | Mar 16, 2005 |
| R-CA | Daniel E. Lungren | Original | Mar 16, 2005 |
| R-FL | Dave Weldon | Original | Mar 16, 2005 |
| R-IN | John N. Hostettler | Original | Mar 16, 2005 |
| R-IN | Mike Pence | Original | Mar 16, 2005 |
| R-FL | Ric Keller | Original | Mar 16, 2005 |
| R-AL | Spencer Bachus | Original | Mar 16, 2005 |
| R-OH | Steve Chabot | Original | Mar 16, 2005 |
| R-IA | Steve King | Original | Mar 16, 2005 |
| R-TX | Tom DeLay | Original | Mar 16, 2005 |
| R-FL | Tom Feeney | Original | Mar 16, 2005 |
| R-AZ | Trent Franks | Original | Mar 16, 2005 |
| R-TN | William L. Jenkins | Original | Mar 16, 2005 |
Committees 2
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Judiciary Committee | Referred Mar 16, 2005 |
| Senate | Judiciary Committee | Referred Mar 20, 2005 |
Actions 9
Everything that happened, newest first.
- Mar 20, 2005Read twice and referred to the Committee on the Judiciary.
- Mar 17, 2005Received in the Senate.
- Mar 16, 2005Introduced in House
- Mar 16, 2005Referred to the House Committee on the Judiciary.
- Mar 16, 2005Mr. Sensenbrenner moved to suspend the rules and pass the bill, as amended.
- Mar 16, 2005Considered under suspension of the rules. (consideration: CR H1599-1604)
- Mar 16, 2005DEBATE - The House proceeded with forty minutes of debate on H.R. 1332.
- Mar 16, 2005Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H1599)
- Mar 16, 2005Motion to reconsider laid on the table Agreed to without objection.
In the Congressional Record 3
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| House | Debate and remarks H1722, H1727, H1734 | Earl Blumenauer D-OR, F. James Sensenbrenner, Jr. R-WI, Sheila Jackson Lee D-TX | Mar 20, 2005 |
| House · Senate · Extensions | Debate and remarks E512, H1625, S2920 | Jim Davis D-FL, Joseph R. Pitts R-PA, William H. Frist R-TN | Mar 17, 2005 |
| House | Debate and remarks H1599–H1604, H1606Text printed H1599 | Dave Weldon R-FL, Debbie Wasserman Schultz D-FL, Earl Blumenauer D-OR, F. James Sensenbrenner, Jr. R-WI, Jerrold Nadler D-NY, Jim McDermott D-WA, Michael C. Burgess R-TX, Mike Pence R-IN, Nancy L. Johnson R-CT, Phil Gingrey R-GA, Sheila Jackson Lee D-TX | Mar 16, 2005 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Printed hearings 1
Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| Serial No. 109-77 | HEARING ON ISSUES RELATING TO THE PATENTING OF TAX ADVICE65 pages | Ways and Means Committee | Jul 13, 2006 |
Related bills 5
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| S 539 | Incapacitated Persons Legal Protection Act of 2005 | Related bill | Mar 8, 2005 |
| S 653 | A bill for the relief of the family of Theresa Marie Schiavo. | Related bill | Mar 20, 2005 |
| S 686 | A bill to provide for the relief of the parents of Theresa Marie Schiavo. | Related bill | Mar 21, 2005 |
| HR 1151 | Incapacitated Persons Legal Protection Act of 2005 | Related bill | Mar 10, 2005 |
| HR 1334 | Protection of Incapacitated Persons Act of 2005 | Related bill | Mar 16, 2005 |
Titles 2
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- To amend title 28, United States Code, to provide for the removal to Federal court of certain State court cases involving the rights of incapacitated persons, and for other purposes.
- Short Titles as Introduced
- Protection of Incapacitated Persons Act of 2005
Subjects
Assigned by the Library of Congress. Policy area: Law.
Text 3
Each version as it was printed, newest first.
- Mar 20, 2005Referred in Senate
- Mar 16, 2005Engrossed in House
- Mar 16, 2005Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.