109TH CONGRESS

                1ST SESSION

S. ________

 

 

For the relief of the parents of Theresa Marie Schiavo

 

 

_______________________________________________________

 

 

IN THE SENATE OF THE UNITED STATES

 

 

introduced the following bill; which was read twice

       and referred to the Committee on

 

                _____________________________

 

 

AN ACT

For the relief of the parents of Theresa Marie Schiavo.

1            Be it enacted by the Senate and House of Representatives of the United

2    States of America in Congress assembled,

3    SECTION 1. RELIEF OF THE PARENTS OF THERESA MARIE                  

4    SCHIAVO

5            The United States District Court for the Middle District of Florida shall  

6    have jurisdiction to hear, determine, and render judgment on a suit or claim by  

7    or on behalf of Theresa Marie Schiavo for the alleged violation of any right of

8    Theresa Marie Schiavo under the Constitution or laws of the United States  

9    relating to the withholding or withdrawal of food, fluids, or medical treatment 10   necessary to sustain her life.

11   SEC. 2. PROCEDURE.

12            Any parent of Theresa Marie Schiavo shall have standing to bring a suit

13   under this Act. The suit may be brought against any other person who was a 14   party to State court proceedings relating to the withholding or withdrawal of 15   food, fluids, or medical treatment necessary to sustain the life of Theresa

16   Marie Schiavo, or who may act pursuant to a State court order authorizing or 17   directing the withholding or withdrawal of food, fluids, or medical treatment 18   necessary to sustain her life. In such a suit, the District Court shall determine 19   de novo any claim of a violation of any right of Theresa Marie Schiavo

20   within the scope of this Act, notwithstanding any prior State court

21   determination and regardless of whether such a claim has previously been

22   raised, considered, or decided in State court proceedings. The District Court 23   shall entertain and determine the suit without any delay or abstention in favor 24   of State court proceedings, and regardless of whether remedies available in 25   the State courts have been exhausted.

26   SEC. 3. RELIEF.

27            After a determination of the merits of a suit brought under this Act, the

28   District Court shall issue such declaratory and injunctive relief as may be

29   necessary to protect the rights of Theresa Marie Schiavo under the

30   Constitution and laws of the United States relating to the withholding or

31   withdrawal of food, fluids, or medical treatment necessary to sustain her life.

32   SEC. 4. TIME FOR FILING.

33            Notwithstanding any other time limitation, any suit or claim under this

 

34   Act shall be timely if filed within 30 days after the date of enactment of this

 

35   Act.

36   SEC. 5. NO CHANGE OF SUBSTANTIVE RIGHTS.

37            Nothing in this Act shall be construed to create substantive rights not

 

38   otherwise secured by the Constitution and laws of the United States or of the

 

39   several States.

40   SEC. 6. NO EFFECT ON ASSISTING SUICIDE.

41            Nothing in this Act shall be construed to confer additional jurisdiction on

 

42   any court to consider any claim related--

 

43                    (1) to assisting suicide, or

 

44                    (2) a State law regarding assisting suicide.

45   SEC. 7. NO PRECEDENT FOR FUTURE LEGISLATION.

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

 

47   legislation, including the provision of private relief bills.

48   SEC. 8. NO AFFECT ON THE PATIENT SELF-DETERMINATION   

49   ACT OF 1990.

50            Nothing in this Act shall affect the rights of any person under the Patient

 

51   Self-Determination Act of 1990.

52   SEC. 9. SENSE OF THE CONGRESS.

53            It is the Sense of Congress that the 109th Congress should consider

54   policies regarding the status and legal rights of incapacitated individuals who

55   are incapable of making decisions concerning the provision, withholding, or

56   withdrawal of foods, fluid, or medical care.