Women’s Healthcare Anti-Death Penalty Construction Act

Subjects: Crime and Law Enforcement


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2430 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 2430

  To create a rule of construction for Federal courts to apply in all 
   cases regarding the provision or obtaining of reproductive health 
           services and the imposition of capital punishment.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 30, 2023

   Ms. Mace introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To create a rule of construction for Federal courts to apply in all 
   cases regarding the provision or obtaining of reproductive health 
           services and the imposition of capital punishment.

    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 ``Women's Healthcare Anti-Death 
Penalty Construction Act''.

SEC. 2. REPRODUCTIVE HEALTH SERVICES ANTI-DEATH PENALTY RULE OF 
              CONSTRUCTION.

    (a) In General.--Chapter 13 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 251. Reproductive health services anti-death penalty rule of 
              construction
    ``(a) Rule of Construction.--In each case before a Federal court 
involving the imposition of a sentence of death on an individual by a 
State court for a conviction of an offense under State law involving 
receiving or providing a reproductive health service, the court shall 
construe the imposition of such sentence as cruel and unusual 
punishment, and a manifest miscarriage of justice at law.
    ``(b) Cause of Action for Violations.--
            ``(1) In general.--A person who is sentenced to death in a 
        State court for receiving or providing a reproductive health 
        service, or their estates or successors in interest, may bring 
        an action under section 1979 of the Revised Statutes of the 
        United States (42 U.S.C. 1983), including for declaratory or 
        injunctive relief.
            ``(2) Right clearly established at law.--In an action 
        brought under this section, the right against cruel and unusual 
        punishment shall be considered clearly established at law in 
        cases where of the sentence of death is imposed on an 
        individual for providing or receiving a reproductive health 
        service.
            ``(3) Residual habeas remedy.--A person who is sentenced to 
        death in a State court for receiving or providing a 
        reproductive health service shall be entitled to bring an 
        action for habeas corpus relief in Federal district court under 
        section 2254 of title 28, United States Code, and such writ 
        shall issue if the State court has imposed a cruel and unusual 
        punishment, or performed a manifest miscarriage of justice, 
        within the meaning of this section.
            ``(4) Jurisdiction and venue.--Jurisdiction and venue is 
        appropriate in any Federal court in which an action under 
        section 1979 of the Revised Statutes of the United States (42 
        U.S.C. 1983) may be brought.
    ``(c) Preemption.--This Act preempts any State law that conflicts 
with this section of this Act.
    ``(d) Definitions.--In this section:
            ``(1) The term `reproductive health services' means the 
        same as the term is defined under section 248(e)(5) of title 
        18, United States Code.
            ``(2) The term `State' means a State, Territory, Tribal 
        Nation, Federal enclave, outlying possession, or other property 
        of the United States, and includes local and municipal 
        governments.''.
    (b) Clerical Amendment.--The table of sections for chapter 13, 
title 18, United States Code, is amended by inserting after the item 
relating to section 250 the following:

``251. Reproductive health services anti-death penalty rule of 
                            construction.''.
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