A bill to provide for the relief of the parents of Theresa Marie Schiavo.
PL 109-3 (S.686), enacted 03/21/2005

119 STAT. 15
PUBLIC LAW 109–3—MAR. 21, 2005
Public Law 109–3
109th Congress
An Act
For the relief of the parents of Theresa Marie Schiavo.
Be it enacted by the Senate and House of Representatives 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 District of
Florida shall have jurisdiction to hear, determine, and render judg-
ment 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 withdrawal 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 violation of any
right of Theresa Marie Schiavo within the scope of this Act, notwith-
standing 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 enter-
tain and determine the suit without any delay or abstention in
favor of State court proceedings, and regardless of whether remedies
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 declaratory and injunc-
tive relief as may be necessary to protect the rights of Theresa
Marie Schiavo under the Constitution and laws of the United States
relating to the withholding 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.
Mar. 21, 2005
[S. 686]
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119 STAT. 16
PUBLIC LAW 109–3—MAR. 21, 2005
LEGISLATIVE HISTORY—S. 686:
CONGRESSIONAL RECORD, Vol. 151 (2005):
Mar. 20, considered and passed Senate and House.
SEC. 5. NO CHANGE OF SUBSTANTIVE RIGHTS.
Nothing in this Act shall be construed to create substantive
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 additional
jurisdiction on any court to consider any claim related—
(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 private relief bills.
SEC. 8. NO AFFECT ON THE PATIENT SELF-DETERMINATION ACT OF
1990.
Nothing in this Act shall affect the rights of any person 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 incapaci-
tated individuals who are incapable of making decisions concerning
the provision, withholding, or withdrawal of foods, fluid, or medical
care.
Approved March 21, 2005.
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