Protection for the Disabled sign now

We the undersigned would like to petition the US Senate to please pass the House version of the Bill to protect the Disabled. Bill number H.R. 1151, Incapacitated Persons Legal Protection Act, was introduced by Rep. Dave Weldon on Mar 8th.

With Terri Schindler Schiavo's dehydration and starvation death today, we feel that this bill was the correct version to pass and needs to be resubmitted to the full Senate in honor of Terri. We want this bill voted on, so that we know where our Senators stand on this crucial matter.


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.


Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 2. FINDINGS AND PURPOSES.

(a) Findings- The Congress finds the following:

(1) Under the Fourteenth 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 Fourteenth 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 Fourteenth 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, 21 (2004); City of Boerne v. Flores, 521 U.S. 507, 519-20 (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 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.

SEC. 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:

`Sec. 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 or 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 effective date of this Act.



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Goal
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Latest Signatures

  • 18 November 2015200. Richard M
    I support this petition
  • 09 November 2015199. Domenica Pj
    I support this petition
  • 02 November 2015198. Miriam Rn
    I still cannot believe that we murdered an innocent disabled woman
  • 24 October 2015197. R S
    This petition is just the beginning.
  • 25 September 2015196. Norma Jm
    Please do everything necessary to prevent what happend to Terri Schiavo from happening to anyone else!!!
  • 13 September 2015195. Janet F
    know you've done it!
  • 12 August 2015194. Carol B
    I support this petition
  • 29 July 2015193. Melanie R
    I support this petition
  • 30 June 2015192. John S
    Justice
  • 26 June 2015191. Sscott Weeks
    Because of Terri Schiavo's death and media attention, we the people have begun to delve into each of Senate members actions, you will either do as the people who elected you ask or you will be replaced.
  • 25 June 2015190. Wanda S
    This is for you Terri and all others like you so this won't ever happen again.
  • 18 June 2015189. Dorothy W
    I support this petition
  • 10 June 2015188. John R
    I support this petition
  • 27 May 2015187. Diane G
    Every life is precious and can never be replaced. Terry you will always be in our hearts and prayers. The weakest among us must be protected as we would want to be. God Bless You.
  • 13 April 2015186. Iris Sc
    I agree!
  • 04 April 2015185. Joe G
    I support this petition
  • 02 April 2015184. Norman Fb
    I'm one year older than Terri was and I'm also disabled. We couldn't prevent her murder but we must now do all in our power to see to it that this never happens again in our country. May God rest her soul.
  • 10 March 2015183. Tamara H
    NEVER let this atrocity happen again!
  • 07 February 2015182. Sharon H
    Terri's death was a legal muder,lets change the law, so this can't happen again
  • 08 January 2015181. Frank Anddorisc
    We are disabled and we want protection. God Bless Terri!
  • 27 December 2014180. Jay B
    Judges have too much power
  • 16 December 2014179. Jessie O
    May there NEVER AGAIN be another murder like that of Terri Schindler
  • 22 November 2014178. Frank S
    You failed us and hid behind the "sanctity of the law", a " law" that would never had applied to anyone of you, if it had been YOUR daughter. Shame on all of you. Passing this bill would be a start, but your actions prior to this--were despicable!!
  • 18 November 2014177. Christina P
    I support this petition
  • 16 November 2014176. Sonia Jf
    I support this petition
  • 30 October 2014175. Patricia B
    I support this petition
  • 30 September 2014174. J H
    We have entered a GRAVE and DIABOLICAL chapter ... inconvenient and disabled life has been twisted to mean disposable. Arm yourselves NOW: pray, participate, learn about your politicians and JUDGES, and TAKE ACTION. Our ignorance and indifference has led

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Information

Francisca MaciasBy:
Technology and the InternetIn:
Petition target:
US Senate

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