A bill for the relief of the family of Theresa Marie Schiavo.

(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.

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 653 Considered and Passed Senate (CPS)]







109th CONGRESS
  1st Session
                                 S. 653

        For the relief of the parents of Theresa Marie Schiavo.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 17, 2005

 Mr. Martinez (for himself, Mr. Frist, Mr. Alexander, Mr. Bunning, Mr. 
Coleman, Mr. Ensign, Mr. Brownback, Mr. Coburn, Mr. Cornyn, Mr. Inhofe, 
  Mr. Sessions, Mr. Santorum, Mr. Vitter, Mr. Hagel, Mr. DeMint, Mr. 
   Stevens, Mr. Conrad, Mr. Isakson, and Mr. DeWine) introduced the 
following bill; which was read twice, considered, read the third time, 
                               and passed

_______________________________________________________________________

                                 A BILL


 
        For the relief of the parents of Theresa Marie Schiavo.

    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.

SEC. 5. STAY.

    Upon the filing of a suit or claim under this Act, the District 
Court may issue a stay of any State court order authorizing or 
directing the withholding or withdrawal of food, fluids, or medical 
treatment necessary to sustain the life of Theresa Marie Schiavo 
pending the determination of the suit.

SEC. 6. 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. 7. NO EFFECT ON ASSISTING SUICIDE.

    Nothing in this Act shall be construed to confer additional 
jurisdiction on any court to consider any claim related to (1) 
assisting suicide or (2) a State law regarding assisting suicide.

SEC. 8. NO PRECEDENT FOR FUTURE LEGISLATION.

    Nothing in this Act shall constitute a precedent with respect to 
future legislation.

SEC. 9. 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.
                                 <all>