109TH CONGRESS

1ST SESSION S. 686

AN ACT

For the relief of the parents of Theresa Marie Schiavo.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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S 686 ES

1 SECTION 1. RELIEF OF THE PARENTS OF THERESA MARIE

2 SCHIAVO.

3 The United States District Court for the Middle Dis4 trict of Florida shall have jurisdiction to hear, determine,

5 and render judgment on a suit or claim by or on behalf

6 of Theresa Marie Schiavo for the alleged violation of any

7 right of Theresa Marie Schiavo under the Constitution or

8 laws of the United States relating to the withholding or

9 withdrawal of food, fluids, or medical treatment necessary

10 to sustain her life.

11 SEC. 2. PROCEDURE.

12 Any parent of Theresa Marie Schiavo shall have

13 standing to bring a suit under this Act. The suit may be

14 brought against any other person who was a party to State

15 court proceedings relating to the withholding or with16 drawal of food, fluids, or medical treatment necessary to

17 sustain the life of Theresa Marie Schiavo, or who may act

18 pursuant to a State court order authorizing or directing

19 the withholding or withdrawal of food, fluids, or medical

20 treatment necessary to sustain her life. In such a suit, the

21 District Court shall determine de novo any claim of a vio22 lation of any right of Theresa Marie Schiavo within the

23 scope of this Act, notwithstanding any prior State court

24 determination and regardless of whether such a claim has

25 previously been raised, considered, or decided in State

26 court proceedings. The District Court shall entertain and
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S 686 ES

1 determine the suit without any delay or abstention in favor

2 of State court proceedings, and regardless of whether rem3 edies available in the State courts have been exhausted.

4 SEC. 3. RELIEF.

5 After a determination of the merits of a suit brought

6 under this Act, the District Court shall issue such declara7 tory and injunctive relief as may be necessary to protect

8 the rights of Theresa Marie Schiavo under the Constitu9 tion and laws of the United States relating to the with10 holding or withdrawal of food, fluids, or medical treatment

11 necessary to sustain her life.

12 SEC. 4. TIME FOR FILING.

13 Notwithstanding any other time limitation, any suit

14 or claim under this Act shall be timely if filed within 30

15 days after the date of enactment of this Act.

16 SEC. 5. NO CHANGE OF SUBSTANTIVE RIGHTS.

17 Nothing in this Act shall be construed to create sub18 stantive rights not otherwise secured by the Constitution

19 and laws of the United States or of the several States.

20 SEC. 6. NO EFFECT ON ASSISTING SUICIDE.

21 Nothing in this Act shall be construed to confer addi22 tional jurisdiction on any court to consider any claim

23 related—

24 (1) to assisting suicide, or

25 (2) a State law regarding assisting suicide.
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1 SEC. 7. NO PRECEDENT FOR FUTURE LEGISLATION.

2 Nothing in this Act shall constitute a precedent with

3 respect to future legislation, including the provision of pri4 vate relief bills.

5 SEC. 8. NO AFFECT ON THE PATIENT SELF-DETERMINA6 TION ACT OF 1990.

7 Nothing in this Act shall affect the rights of any per8 son under the Patient Self-Determination Act of 1990.

9 SEC. 9. SENSE OF THE CONGRESS.

10 It is the Sense of Congress that the 109th Congress

11 should consider policies regarding the status and legal

12 rights of incapacitated individuals who are incapable of

13 making decisions concerning the provision, withholding, or

14 withdrawal of foods, fluid, or medical care.

Passed the Senate March 20, 2005.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION S. 686

AN ACT

For the relief of the parents of Theresa Marie

Schiavo.