Protection of Incapacitated Persons Act of 2005

Summary

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.

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Timeline

1. 16 March 2005

   Introduced

   Introduced in House

   Source: IntroReferral

2. 16 March 2005

   Introduced

   Introduced in House

   Source: IntroReferral

3. 16 March 2005

   Reported

   Rules Committee Resolution H. Res. 162 Reported to House. Rule provides for consideration of H.R. 1334 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments.

   Source: Floor

4. 16 March 2005

   Introduced

   Referred to the House Committee on the Judiciary.

   Source: IntroReferral

Votes

No vote records are attached yet.

Versions

• Introduced in House · 16 March 2005 · Official file

Documents

3 official files

• Introduced in House (text)

  Introduced in House · EN · 16 March 2005

  ViewDownloadOpen at official source

• Introduced in House (PDF)

  Introduced in House · EN · 16 March 2005

  ViewDownloadOpen at official source

• Introduced in House

  summary · EN · 16 March 2005

  Open at official source

Sponsors

• F. SENSENBRENNER · R · Sponsor
• Rep. Weldon, Dave [R-FL-15] · R · Sponsor
• Rep. DeLay, Tom [R-TX-22] · R · Sponsor
• STEVE CHABOT · R · Sponsor
• Rep. Feeney, Tom [R-FL-24] · R · Sponsor
• Rep. Jenkins, William L. [R-TN-1] · R · Sponsor
• Rep. Cannon, Chris [R-UT-3] · R · Sponsor
• Steve King · R · Sponsor
• Rep. Bachus, Spencer [R-AL-6] · R · Sponsor
• Trent Franks · R · Sponsor
• Rep. Hostettler, John N. [R-IN-8] · R · Sponsor
• Rep. Keller, Ric [R-FL-8] · R · Sponsor
• Rep. Lungren, Daniel E. [R-CA-42] · R · Sponsor
• Rep. Pence, Mike [R-IN-6] · R · Sponsor
• · hsju00 · Standing

Related records

• related to → Providing for consideration of the bill (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.
• related to ← Protection of Incapacitated Persons Act of 2005
• related to ← Incapacitated Persons Legal Protection Act of 2005
• related to ← A bill to provide for the relief of the parents of Theresa Marie Schiavo.