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 fol-
lowing new section: 
‘‘§ 251. Reproductive health services anti-death pen-
alty 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 pro-
viding a reproductive health service, the court shall con-
strue 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 suc-
cessors in interest, may bring an action under sec-
tion 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 con-
sidered clearly established at law in cases where of 
VerDate Sep 11 2014 
03:53 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2430.IH
H2430
kjohnson on DSK79L0C42PROD with BILLS
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 receiv-
ing or providing a reproductive health service shall 
be entitled to bring an action for habeas corpus re-
lief 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 un-
usual punishment, or performed a manifest mis-
carriage of justice, within the meaning of this sec-
tion. 
‘‘(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, 
VerDate Sep 11 2014 
03:53 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2430.IH
H2430
kjohnson on DSK79L0C42PROD with BILLS
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 fol-
lowing: 
‘‘251. Reproductive health services anti-death penalty rule of construction.’’. 
Æ 
VerDate Sep 11 2014 
03:53 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H2430.IH
H2430
kjohnson on DSK79L0C42PROD with BILLS