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S 539 109th Congress Senate Law Due process of law Equality before the law Government Operations and Politics Habeas corpus Health Living wills Right to die State courts

Incapacitated Persons Legal Protection Act of 2005

Introduced: March 7, 2005 See on congress.gov
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This bill died when the 109th Congress ended
It never became law before the 109th Congress (2005–2006) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 3 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Mar 8, 2005
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 34.
Mar 7, 2005
Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Mar 7, 2005
Introduced in Senate
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 Plain-English summary Congressional Research Service

Incapacitated Persons Legal Protection Act of 2005 - Amends the Federal judicial code to extend habeas corpus protections to persons who are subject to a court order authorizing or directing the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain the person's life.

Deems persons having custody in such cases to encompass parties so authorized or directed. States that there shall be no requirement to produce the body of the incapacitated person at the hearing.

Exempts from this Act those cases in which the incapacitated person indisputably executed a written advance directive while having capacity that clearly authorized the withholding or withdrawal of food, fluids, or necessary medical treatment.

Defines "incapacitated person" to mean an individual presently incapable of making relevant decisions concerning the provision, withholding, or withdrawal of food, fluids, or medical treatment under applicable State law.

What's happening now March 8, 2005

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

 Related & companion bills 5
  • HR 1151 Related bill Incapacitated Persons Legal Protection Act of 2005
  • HR 1332 Related bill Protection of Incapacitated Persons Act of 2005
  • S 653 Related bill A bill for the relief of the family of Theresa Marie Schiavo.
  • S 686 Related bill A bill to provide for the relief of the parents of Theresa Marie Schiavo.
  • HR 1334 Related bill Protection of Incapacitated Persons Act of 2005
 Bill text 1 version

Source documents hosted by congress.gov.

 Cosponsors 1
All 1 Republican 1
R
Cornyn, John
Texas · Mar 15, 2005
Cite this page click to expand
APA
U.S. Congress. (2026). S. 539: Incapacitated Persons Legal Protection Act of 2005. 109th Congress. Open America. https://openamerica.io/bill/109-S-539/
MLA
"S. 539: Incapacitated Persons Legal Protection Act of 2005." 109th Congress, 2026, Open America, https://openamerica.io/bill/109-S-539/.
Bluebook (legal)
S. 539, 109th Cong. (2026), https://openamerica.io/bill/109-S-539/.
Markdown link
[S. 539: Incapacitated Persons Legal Protection Act of 2005](https://openamerica.io/bill/109-S-539/)
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