I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protection of Incapaci5 tated Persons Act of 2005’’. 
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1 SEC. 2. REMOVAL OF CERTAIN CASES TO FEDERAL COURT 

2 TO PROTECT THE RIGHTS OF INCAPACI3 TATED PERSONS. 

4 (a) RIGHT OF REMOVAL.—Chapter 89 of title 28, 

5 United States Code, is amended by adding at the end the 

6 following: 

7 ‘‘§ 1453. Protection of rights of incapacitated persons 

8 ‘‘(a) Notwithstanding any other provision of this 

9 chapter, not later than 30 days after all State remedies 

10 have been exhausted, an incapacitated person, or the next 

11 friend of an incapacitated person, may remove any claim 

12 or cause of action described in subsection (b) to the United 

13 States district court for the district in which the claim 

14 or cause of action arose, or was heard. 

15 ‘‘(b) The claim or cause of action referred to in sub16 section (a) is one in which the State court authorizes or 

17 directs the withholding or withdrawal of food or fluids or 

18 medical treatment necessary to sustain the incapacitated 

19 person’s life, but does not include a claim or cause of ac20 tion in which no party disputes, and the court finds, that 

21 the incapacitated person, while having capacity, had exe22 cuted a written advance directive valid under applicable 

23 law that clearly authorized the withholding or withdrawal 

24 of food or fluids or medical treatment in the applicable 

25 circumstances. 
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1 ‘‘(c) In hearing and determining a claim or cause of 

2 action removed under this section, the court shall only 

3 consider whether authorizing or directing the withholding 

4 or withdrawal of food or fluids or medical treatment nec5 essary to sustain the incapacitated person’s life constitutes 

6 a deprivation of any right, privilege, or immunity secured 

7 by the Constitution or laws of the United States. 

8 ‘‘(d) The United States district court shall determine 

9 de novo any claim considered under subsection (c), and 

10 no bar or limitation based on abstention, res judicata, col11 lateral estoppel, procedural default, or any other doctrine 

12 of issue or claim preclusion shall apply. 

13 ‘‘(e) As used in this section— 

14 ‘‘(1) the term ‘incapacitated person’ means an 

15 individual who is presently incapable of making rel16 evant decisions concerning the provision, with17 holding, or withdrawal of food, fluids or medical 

18 treatment under applicable law; and 

19 ‘‘(2) the term ‘next friend’ includes a parent.’’. 

20 (b) CLERICAL AMENDMENT.—The table of sections 

21 at the beginning of chapter 89 of title 28, United States 

22 Code, is amended by adding at the end the following new 

23 item: 

‘‘1453. Protection of rights of incapacitated persons.’’. 

Æ