I 
109TH CONGRESS 
1ST SESSION H. R. 1452
For the relief of the parents of Theresa Marie Schiavo. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 20, 2005
Mr. SENSENBRENNER introduced the following bill; which was referred to the 
Committee on the Judiciary 
MARCH 20, 2005
Considered and passed 
A BILL 
For the relief of the parents of Theresa Marie Schiavo.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. RELIEF OF THE PARENTS OF THERESA MARIE 
SCHIAVO. 
The United States District Court for the Middle Dis-
trict of Florida shall have jurisdiction to hear, determine, 
and render judgment on a suit or claim by or on behalf 
of Theresa Marie Schiavo for the alleged violation of any 
right of Theresa Marie Schiavo under the Constitution or 
laws of the United States relating to the withholding or
withdrawal of food, fluids, or medical treatment necessary 
to sustain her life. 
SEC. 2. PROCEDURE. 
Any parent of Theresa Marie Schiavo shall have 
standing to bring a suit under this Act. The suit may be 
brought against any other person who was a party to State 
court proceedings relating to the withholding or with-
drawal of food, fluids, or medical treatment necessary to 
sustain the life of Theresa Marie Schiavo, or who may act 
pursuant to a State court order authorizing or directing 
the withholding or withdrawal of food, fluids, or medical 
treatment necessary to sustain her life. In such a suit, the 
District Court shall determine de novo any claim of a vio-
lation of any right of Theresa Marie Schiavo within the 
scope of this Act, notwithstanding any prior State court 
determination and regardless of whether such a claim has 
previously been raised, considered, or decided in State 
court proceedings. The District Court shall entertain and 
determine the suit without any delay or abstention in favor 
of State court proceedings, and regardless of whether rem-
edies available in the State courts have been exhausted. 
SEC. 3. RELIEF. 
After a determination of the merits of a suit brought 
under this Act, the District Court shall issue such declara-
tory and injunctive relief as may be necessary to protect
the rights of Theresa Marie Schiavo under the Constitu-
tion and laws of the United States relating to the with-
holding or withdrawal of food, fluids, or medical treatment 
necessary to sustain her life. 
SEC. 4. TIME FOR FILING. 
Notwithstanding any other time limitation, any suit 
or claim under this Act shall be timely if filed within 30 
days after the date of enactment of this Act. 
SEC. 5. NO CHANGE OF SUBSTANTIVE RIGHTS. 
Nothing in this Act shall be construed to create sub-
stantive rights not otherwise secured by the Constitution 
and laws of the United States or of the several States. 
SEC. 6. NO EFFECT ON ASSISTING SUICIDE. 
Nothing in this Act shall be construed to confer addi-
tional jurisdiction on any court to consider any claim re-
lated— 
(1) to assisting suicide; or 
(2) a State law regarding assisting suicide. 
SEC. 7. NO PRECEDENT FOR FUTURE LEGISLATION. 
Nothing in this Act shall constitute a precedent with 
respect to future legislation, including the provision of pri-
vate relief bills.
SEC. 8. NO AFFECT ON THE PATIENT SELF-DETERMINA-
TION ACT OF 1990. 
Nothing in this Act shall affect the rights of any per-
son under the Patient Self-Determination Act of 1990. 
SEC. 9. SENSE OF THE CONGRESS. 
It is the sense of Congress that the 109th Congress 
should consider policies regarding the status and legal 
rights of incapacitated individuals who are incapable of 
making decisions concerning the provision, withholding, or 
withdrawal of foods, fluid, or medical care. 
Æ