Protection of Incapacitated Persons Act of 2005

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.

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1332 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1332

 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 16, 2005

 Mr. Sensenbrenner (for himself, Mr. Weldon of Florida, Mr. DeLay, Mr. 
  Chabot, Mr. Feeney, Mr. Jenkins, Mr. Cannon, Mr. King of Iowa, Mr. 
 Bachus, Mr. Franks of Arizona, Mr. Hostettler, Mr. Keller, Mr. Daniel 
E. Lungren of California, and Mr. Pence) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 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.

    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 ``Protection of Incapacitated Persons 
Act of 2005''.

SEC. 2. REMOVAL OF CERTAIN CASES TO FEDERAL COURT TO PROTECT THE RIGHTS 
              OF INCAPACITATED PERSONS.

    (a) Right of Removal.--Chapter 89 of title 28, United States Code, 
is amended by adding at the end the following:
``Sec. 1453. Protection of rights of incapacitated persons
    ``(a) Notwithstanding any other provision of this chapter, not 
later than 30 days after all State remedies have been exhausted, an 
incapacitated person, or the next friend of an incapacitated person, 
may remove any claim or cause of action described in subsection (b) to 
the United States district court for the district in which the claim or 
cause of action arose, or was heard.
    ``(b) The claim or cause of action referred to in subsection (a) is 
one in which the State court authorizes or directs the withholding or 
withdrawal of food or fluids or medical treatment necessary to sustain 
the incapacitated person's life, but does not include a 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.
    ``(c) In hearing and determining a claim or cause of action removed 
under this section, the court shall only consider whether authorizing 
or directing the withholding or withdrawal of food or fluids or medical 
treatment necessary to sustain the incapacitated person's life 
constitutes a deprivation of any right, privilege, or immunity secured 
by the Constitution or laws of the United States.
    ``(d) The United States district court shall determine de novo any 
claim considered under subsection (c), and no bar or limitation based 
on abstention, res judicata, collateral estoppel, procedural default, 
or any other doctrine of issue or claim preclusion shall apply.
    ``(e) As used in this section--
            ``(1) 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 law; and
            ``(2) the term `next friend' includes a parent.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 89 of title 28, United States Code, is amended by adding at the 
end the following new item:

``1453. Protection of rights of incapacitated persons.''.
                                 <all>