A bill for the relief of the family of Theresa Marie Schiavo.
Latest action · Mar 20, 2005 Referred to the House 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 17, 2005
- Passed SenateMar 17, 2005
- Passed HouseNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
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: (1) who 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) 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.
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.
Requires the District Court, after a determination of the merits of a suit brought under this Act, to issue such declaratory and injunctive relief as may be necessary to protect the rights of Ms. Schiavo under the U.S. Constitution and laws relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.
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.
Authorizes the District Court, upon the filing of such a suit or claim, to issue a stay of any State court order authorizing or directing the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain Ms. Schiavo's life pending the determination of the suit.
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.
Cosponsors 19
Members who signed on, in the order they did. Signatures ran from Mar 17, 2005 to Mar 19, 2005, with 18 there on the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-NE | Chuck Hagel | Original | Mar 17, 2005 |
| R-LA | David Vitter | Original | Mar 17, 2005 |
| R-OK | James M. Inhofe | Original | Mar 17, 2005 |
| R-AL | Jeff Sessions | Original | Mar 17, 2005 |
| R-KY | Jim Bunning | Original | Mar 17, 2005 |
| R-SC | Jim DeMint | Original | Mar 17, 2005 |
| R-TX | John Cornyn | Original | Mar 17, 2005 |
| R-NV | John Ensign | Original | Mar 17, 2005 |
| R-GA | Johnny Isakson | Original | Mar 17, 2005 |
| D-ND | Kent Conrad | Original | Mar 17, 2005 |
| R-TN | Lamar Alexander | Original | Mar 17, 2005 |
| R-OH | Mike DeWine | Original | Mar 17, 2005 |
| R-MN | Norm Coleman | Original | Mar 17, 2005 |
| R-PA | Rick Santorum | Original | Mar 17, 2005 |
| R-KS | Sam Brownback | Original | Mar 17, 2005 |
Actions 6
Everything that happened, newest first.
- Mar 20, 2005Received in the House.
- Mar 20, 2005Referred to the House Committee on the Judiciary.
- Mar 17, 2005Introduced in Senate
- Mar 17, 2005Introduced in the Senate, read twice, considered, read the third time, and passed without amendment by Voice Vote. (consideration: CR S2926-2929; text as passed Senate: CR S2929)
- Mar 17, 2005Message on Senate action sent to the House.
Related bills 4
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 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 1332 | Protection of Incapacitated Persons Act of 2005 | Related bill | Mar 20, 2005 |
Subjects
Assigned by the Library of Congress. Policy area: Law.
Text 1
Each version as it was printed, newest first.
- Mar 17, 2005Considered and Passed Senate
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.