Martinez Introduces Legislation Giving Terri Schiavo Same Legal Rights as Death Row Inmates

MARTINEZ INTRODUCES LEGISLATION GIVING TERRI SCHIAVO SAME LEGAL RIGHTS AS DEATH ROW INMATES

Same due process rights currently not extended to disabled individuals when court orders end of life

U.S. Senator Mel Martinez (R-FL) today announced he has introduced ‘The Incapacitated Person's Legal Protection Act of 2005' to ensure disabled individuals like Terri Schiavo would have the same legal due process as convicted felons given the death penalty.

Martinez and Congressman Dave Weldon (R-FL), who has already announced he is sponsoring identical legislation in the House of Representatives, held a joint press conference today to discuss the legislation.

Terri Schiavo, a Florida resident who has been incapacitated since 1990, will be disconnected by court order from her feeding tube on March 18. The Incapacitated Person's Legal Protection Act would ensure that incapacitated individuals like Terri Schiavo, who has been awarded what amounts to a death penalty and whose life will end by court order, would have the same due process habeas corpus rights given a death row inmate.

‘Habeas Corpus' refers to the legal rights available under the 14th Amendment to the Constitution, that ‘No State….shall deprive any person of life…..without due process of law….nor to deny any person within its jurisdiction equal protection of the laws.'

Martinez said:

"This bill is not assuming a specific outcome for Terri Schiavo. It is not a right-to-life or a right-to-die issue. It is a very narrowly written piece of legislation to ensure that in very select cases -- where there is a judicial dispute about the perceived wishes of the incapacitated individual and a court ordered cessation of nutrition, hydration and medical treatment -- that proper legal representation is provided for individuals who have no voice for themselves and whose lives hang in the balance.

"This legislation is about due process equal protection for disabled individuals like Terri Schiavo. It ensures Terri has the same federal legal protections as convicted murderers. A federal habeas corpus proceeding will ensure her right to another hearing is followed before the court-ordered decision to end her life is followed through."

http://martinez.senate.gov/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=234&Month=3&Year=2005