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Bill109th CongressFiled Mar 16, 2005Law
H.R. 1332

Protection of Incapacitated Persons Act of 2005

Bill journey · stage 2 of 5

Under committee review

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What it doesSummary introduced in house (Mar 16, 2005)

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.

What just happenedMar 20, 2005

Read twice and referred to the Committee on the Judiciary.

Who’s behind it

Rep. Sensenbrenner, F. James, Jr. [R-WI-5](R-WI)Sponsor
13 cosponsors13 R
Read on Congress.gov
13cosponsors2committees11actions6related bills15subjects
  1. Mar 20, 2005IntroReferral

    Read twice and referred to the Committee on the Judiciary.

    Judiciary Committee
  2. Mar 17, 2005IntroReferral

    Received in the Senate.

  3. Mar 16, 2005FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  4. Mar 16, 2005FloorH37300

    On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H1599)

  5. Mar 16, 2005Floor8000

    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)

  6. Mar 16, 2005FloorH8D000

    DEBATE - The House proceeded with forty minutes of debate on H.R. 1332.

  7. Mar 16, 2005FloorH30000

    Considered under suspension of the rules. (consideration: CR H1599-1604)

  8. Mar 16, 2005FloorH30300

    Mr. Sensenbrenner moved to suspend the rules and pass the bill, as amended.

  9. Mar 16, 2005IntroReferralH11100

    Referred to the House Committee on the Judiciary.

    Judiciary Committee
  10. Mar 16, 2005IntroReferralIntro-H

    Introduced in House

  11. Mar 16, 2005IntroReferral1000

    Introduced in House

Introduced in HouseMar 16, 200500

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.

Passed House amendedMar 16, 200536

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.