II 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United 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 Dis6 trict of Florida shall have jurisdiction to hear, determine, 

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

8 of Theresa Marie Schiavo for the alleged violation of any 

9 right of Theresa Marie Schiavo under the Constitution or 

10 laws of the United States relating to the withholding or 
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1 withdrawal of food, fluids, or medical treatment necessary 

2 to sustain her life. 

3 SEC. 2. PROCEDURE. 

4 Any parent of Theresa Marie Schiavo shall have 

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

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

7 court proceedings relating to the withholding or with8 drawal of food, fluids, or medical treatment necessary to 

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

10 pursuant to a State court order authorizing or directing 

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

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

13 District Court shall determine de novo any claim of a vio14 lation of any right of Theresa Marie Schiavo within the 

15 scope of this Act, notwithstanding any prior State court 

16 determination and regardless of whether such a claim has 

17 previously been raised, considered, or decided in State 

18 court proceedings. The District Court shall entertain and 

19 determine the suit without any delay or abstention in favor 

20 of State court proceedings, and regardless of whether rem21 edies available in the State courts have been exhausted. 

22 SEC. 3. RELIEF. 

23 After a determination of the merits of a suit brought 

24 under this Act, the District Court shall issue such declara25 tory and injunctive relief as may be necessary to protect 
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1 the rights of Theresa Marie Schiavo under the Constitu2 tion and laws of the United States relating to the with3 holding or withdrawal of food, fluids, or medical treatment 

4 necessary to sustain her life. 

5 SEC. 4. TIME FOR FILING. 

6 Notwithstanding any other time limitation, any suit 

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

8 days after the date of enactment of this Act. 

9 SEC. 5. STAY. 

10 Upon the filing of a suit or claim under this Act, the 

11 District Court may issue a stay of any State court order 

12 authorizing or directing the withholding or withdrawal of 

13 food, fluids, or medical treatment necessary to sustain the 

14 life of Theresa Marie Schiavo pending the determination 

15 of the suit. 

16 SEC. 6. 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. 7. 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 re23 lated to (1) assisting suicide or (2) a State law regarding 

24 assisting suicide. 
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1 SEC. 8. NO PRECEDENT FOR FUTURE LEGISLATION. 

2 Nothing in this Act shall constitute a precedent with 

3 respect to future legislation. 

4 SEC. 9. NO AFFECT ON THE PATIENT SELF-DETERMINA5 TION ACT OF 1990. 

6 Nothing in this Act shall affect the rights of any per7 son under the Patient Self-Determination Act of 1990.

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