I 
109TH CONGRESS 
1ST SESSION H. R. 1334 
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. 
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.’’. 
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