S. 539Senate109th Congress (2005-2007)Introduced

Incapacitated Persons Legal Protection Act of 2005

Introduced March 7, 2005

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2 earlier actions
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Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 34.

March 8, 2005

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SenateIntro Referral

Introduced in Senate

March 7, 2005

SenateCalendars

Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

March 7, 2005

SenateCalendars

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 34.

March 8, 2005

Floor Debate

2 members

What members said about S. 539 on the floor

2 Republicans
Jeff Sessions
Sen. Jeff SessionsR-AL · Mar 7, 2005

Mr. President, I understand there is a bill at the desk, and I ask for its first reading. Mr. President, I now ask for a second reading, and in order to place the bill on the calendar under the…

Chuck Grassley
Sen. Chuck GrassleyR-IA · Mar 8, 2005

Mr. President, I understand there is a bill at the desk that is due for its second reading. Mr. President, in order to place the bill on the calendar under the provisions of rule XIV, I object to…

Bill Text

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Placed on Calendar SenateIssued March 8, 2005

II

Calendar No. 34

109th CONGRESS

1st Session

S. 539

IN THE SENATE OF THE UNITED STATES

March 7, 2005

Mr. Martinez (for himself, Mr. Coburn, Mr. Inhofe, Mr. Santorum, and Mr. Brownback) introduced the following bill; which was read the first time

March 8, 2005

Read the second time and placed on the calendar

A BILL

To amend title 28, United States Code, to provide the protections of habeas corpus for certain incapacitated individuals whose life is in jeopardy, and for other purposes.

1.

Short title

This Act may be cited as the Incapacitated Persons Legal Protection Act of 2005.

2.

Findings and purposes

(a)

Findings

Congress finds the following:

(1)

Under the 14th amendment to the Constitution of the United States, No State . . . shall deprive any person of life . . . without due process of law . . . nor deny to any person within its jurisdiction the equal protection of the laws..

(2)

Section 5 of the 14th amendment empowers Congress to enforce, by appropriate legislation, the provisions of the amendment. The United States Supreme Court has held that under this section, while Congress may not work a substantive change in the governing law under the other sections of the 14th amendment, it may adopt remedial measures exhibiting a congruence and proportionality between the injury to be prevented or remedied and the means adopted to that end.. Tennessee v. Lane, 541 U.S. 509, 124 S. Ct. 1978, 1986 (2004) quoting City of Boerne v. Flores, 521 U.S. 507, 520 (1997).

(b)

Purposes

It is the purpose of this Act—

(1)

to facilitate balancing the acknowledged right of persons to refuse consent to medical treatment and unwanted bodily intrusions with the right to consent to treatment, food, and fluids so as to preserve their lives; and

(2)

in circumstances in which there is a contested judicial proceeding because of a dispute about the expressed previous wishes or best interests of a person presently incapable of making known a choice concerning treatment, food, and fluids the denial of which will result in death, to provide that the fundamental due process and equal protection rights of incapacitated persons are protected by ensuring the availability of collateral review through habeas corpus proceedings.

3.

Extension of habeas protections

(a)

In general

Chapter 153 of title 28, United States Code, is amended by striking section 2256 and inserting the following:

2256.

Extension of habeas protections to certain persons subject to court orders

(a)

For the purposes of this chapter, an incapacitated person shall be deemed to be in custody under sentence of a court established by Congress, or deemed to be in custody pursuant to the judgment of a State court, as the case may be, when an order of such a court authorizes or directs the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain the person’s life. In a habeas corpus proceeding under this section the person having custody shall be deemed to encompass those parties authorized or directed by the court order to withdraw or withhold food, fluids, or medical treatment, and there shall be no requirement to produce at the hearing the body of the incapacitated person.

(b)

Subsection (a) does not apply in the case of a judicial proceeding 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.

(c)

As used in this section, the term incapacitated person means an individual who is presently incapable of making relevant decisions concerning the provision, withholding, or withdrawal of food, fluids, or medical treatment under applicable State law.

(d)

Nothing in this section shall be construed to create substantive rights not otherwise secured by the Constitution and laws of the United States or of the several States.

.

(b)

Clerical amendment

The item relating to section 2256 in the table of sections at the beginning of chapter 153 of title 28, United States Code, is amended to read as follows:

2256. Extension of habeas protections to certain persons subject to court orders.

.

(c)

Prospective effect

The remedies specified by this Act shall be available on behalf of any incapacitated person deemed to be in custody by its terms who is alive on or after the date of enactment of this Act.

March 8, 2005

Read the second time and placed on the calendar