Protection of Incapacitated Persons Act of 2005

Bill: 109-hr-1332
Sponsor: Rep. Sensenbrenner, F. James, Jr. [R-WI-5]
Introduced: 2005-03-16 in the House
Policy area: Law
Subjects: Civil Rights and Liberties, Minority Issues
Civil actions and liability
Constitutional law
District courts
Families
Government Operations and Politics
Health
Jurisdiction
Living wills
Parents
Parties to actions
Right to die
State courts
Terminal care

Summary:
action_date: 2005-03-16
text: 
Protection of Incapacitated Persons Act of 2005 - Amends the Federal judicial code to authorize an incapacitated person (person), or the person's next friend, to remove to the U.S. district court, for the district in which it arose or was heard, within 30 days after available State remedies have been exhausted, any claim or cause of action in which the State court authorizes or directs the withholding or withdrawal of food or fluids or medical treatment necessary to sustain the person's life.

action_date: 2005-03-16
text: 
Protection of Incapacitated Persons Act of 2005 - Amends the Federal judicial code to authorize an incapacitated person (person), or the person's next friend, to remove to the U.S. district court, for the district in which it arose or was heard, within 30 days after available State remedies have been exhausted, any claim or cause of action in which the State court authorizes or directs the withholding or withdrawal of food or fluids or medical treatment necessary to sustain the person's life.
 
Defines: (1) incapacitated person as a born individual presently incapable of making relevant decisions concerning the provision, withholding, or withdrawal of food, fluids or medical treatment under applicable law; and (2) next friend as an individual who has some significant relationship with the real party in interest, including a parent.
 
Exempts from such removal authority any claim or cause of action in which no party disputes, and the court finds, that the incapacitated person, while having capacity, had executed 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.
 
Requires the U.S. district court, in hearing and determining such a claim or cause of action removed under this Act, to consider only whether authorizing or directing the withholding or withdrawal of food or fluids or medical treatment necessary to sustain the person's life constitutes a deprivation of any right, privilege, or immunity secured by the Constitution or laws of the United States.
 
Declares that: (1) the court shall determine any such claim or cause of action de novo; and (2) no bar or limitation based on abstention, res judicata, collateral estoppel, procedural default, or any other doctrine of issue or claim preclusion shall apply.


Legislative actions:
action_date: 2005-03-20
text: Read twice and referred to the Committee on the Judiciary.
action_date: 2005-03-17
text: Received in the Senate.
action_date: 2005-03-16
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2005-03-16
text: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H1599)
action_date: 2005-03-16
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H1599)
action_date: 2005-03-16
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 1332.
action_date: 2005-03-16
text: Considered under suspension of the rules. (consideration: CR H1599-1604)
action_date: 2005-03-16
text: Mr. Sensenbrenner moved to suspend the rules and pass the bill, as amended.
action_date: 2005-03-16
text: Referred to the House Committee on the Judiciary.
action_date: 2005-03-16
text: Introduced in House
action_date: 2005-03-16
text: Introduced in House