Terri Schiavo Incapacitated Protection bill
Official title A bill to provide for the relief of the parents of Theresa Marie Schiavo.
Latest action · Mar 21, 2005 Became Public Law No: 109-3.
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 20, 2005
- Passed SenateMar 20, 2005
- Passed HouseMar 21, 2005
- To the PresidentMar 21, 2005
- Became lawMar 21, 2005Public Law 109-3
Summary
(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.
Recorded votes 1
Newest first. Open one to see how every member voted.
| Roll call | Question | Result | Date |
|---|---|---|---|
| House 90 | On Motion to Suspend the Rules and Pass | Passed203–58 | Mar 21, 2005 |
Cosponsors 2
Members who signed on, in the order they did. All signed on Mar 20, 2005.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-FL | Mel Martinez | Original | Mar 20, 2005 |
| R-PA | Rick Santorum | Original | Mar 20, 2005 |
Actions 15
Everything that happened, newest first.
- Mar 21, 2005Passed/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)
- Mar 21, 2005Motion to reconsider laid on the table Agreed to without objection.
- Mar 21, 2005Rules 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.
- Mar 21, 2005Cleared for White House.
- Mar 21, 2005Presented to President.
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.
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.
CRS reports 8
Congressional Research Service work that CRS links to this bill or the law it became, newest first.
Cite it 8
Products on other subjects that cite it, usually among other measures.
| Product | Title | Kind | Published |
|---|---|---|---|
| R44674 | Funding and Financing Highways and Public Transportation Archived | Report | Jan 11, 2018 |
| R42395 | A Retrospective of House Rules Changes Since the 110th Congress Archived | Report | Jun 28, 2017 |
| RL30304 | The Federal Excise Tax on Motor Fuels and the Highway Trust Fund: Current Law and Legislative History Archived | Report | Feb 22, 2016 |
| R42877 | Funding and Financing Highways and Public Transportation Under MAP-21 Archived | Report | Sep 23, 2015 |
| RL33589 | The Pandemic and All-Hazards Preparedness Act (P.L. 109-417): Provisions and Changes to Preexisting Law Archived | Report | Mar 12, 2007 |
Related bills 7
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| HRES 182 | Providing for consideration of the bill (S. 686) for the relief of the parents of Theresa Marie Schiavo. | Procedurally related | Jun 29, 2006 |
| 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 |
| 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 |
Titles 2
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- A bill to provide for the relief of the parents of Theresa Marie Schiavo.
- Popular Titles
- Terri Schiavo Incapacitated Protection bill
Subjects
Assigned by the Library of Congress. Policy area: Law.
- Civil actions and liability
- Civil Rights and Liberties, Minority Issues
- Congress
- Constitutional law
- District courts
- Families
- Florida
- Government Operations and Politics
- Health
- Injunctions
- Jurisdiction
- Law
- Legislation
- Limitation of actions
- Living wills
- Parents
- Parties to actions
- Right to die
- State courts
- Terminal care
Text 3
Each version as it was printed, newest first.
- Mar 25, 2005Enrolled Bill
- Mar 20, 2005Considered and Passed Senate
- Mar 20, 2005Engrossed in 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; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.