109TH CONGRESS
1ST SESSION
H. R. 1332
AN ACT
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Protection of Incapaci-
tated Persons Act of 2005’’.
SEC. 2. REMOVAL OF CERTAIN CASES TO FEDERAL COURT
TO PROTECT THE RIGHTS OF INCAPACI-
TATED PERSONS.
(a) RIGHT OF REMOVAL.—Chapter 89 of title 28,
United States Code, is amended by adding at the end the
following:
‘‘§ 1453. Protection of rights of incapacitated persons
‘‘(a) Notwithstanding any other provision of this
chapter, not later than 30 days after available State rem-
edies have been exhausted, an incapacitated person, or the
next friend of an incapacitated person, may remove any
claim or cause of action described in subsection (b) to the
United States district court for the district in which the
claim or cause of action arose, or was heard.
‘‘(b) The claim or cause of action referred to in sub-
section (a) is one in which the State court authorizes or
directs the withholding or withdrawal of food or fluids or
medical treatment necessary to sustain the incapacitated
person’s life, but does not include a claim or cause of ac-
tion in which no party disputes, and the court finds, that
the incapacitated person, while having capacity, had exe-
cuted a written advance directive valid under applicable
law that clearly authorized the withholding or withdrawal
of food or fluids or medical treatment in the applicable
circumstances.
‘‘(c) In hearing and determining a claim or cause of
action removed under this section, the court shall only
consider whether authorizing or directing the withholding
or withdrawal of food or fluids or medical treatment nec-
essary to sustain the incapacitated person’s life constitutes
a deprivation of any right, privilege, or immunity secured
by the Constitution or laws of the United States.
‘‘(d) The United States district court shall determine
de novo any claim or cause of action considered under sub-
section (c), and no bar or limitation based on abstention,
res judicata, collateral estoppel, procedural default, or any
other doctrine of issue or claim preclusion shall apply.
‘‘(e) As used in this section—
‘‘(1) the term ‘incapacitated person’ means a
born individual who is presently incapable of making
relevant decisions concerning the provision, with-
holding, or withdrawal of food, fluids or medical
treatment under applicable law; and
‘‘(2) the term ‘next friend’ means an individual
who has some significant relationship with the real
party in interest, and includes a parent.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 89 of title 28, United States
Code, is amended by adding at the end the following new
item:
‘‘1453. Protection of rights of incapacitated persons.’’.
Passed the House of Representatives March 16,
2005.
Attest:
Clerk.
109TH CONGRESS
1ST SESSION
H. R. 1332
AN ACT
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.