Women’s Healthcare Anti-Death Penalty Construction Act

Bill: 118-hr-2430
Sponsor: full_name: Rep. Mace, Nancy [R-SC-1]
Introduced: 2023-03-30
Policy area: Crime and Law Enforcement
Latest action: action_date: 2023-03-30
text: Referred to the House Committee on the Judiciary.

Summaries:
action_date: 2023-03-30
action_desc: Introduced in House
text: <p><b>Women&rsquo;s Healthcare Anti-Death Penalty Construction Act</b></p> <p>This bill requires a federal court to construe the imposition of a death penalty sentence for an individual convicted of an offense under state law for receiving or providing a reproductive health service (e.g., an abortion) as cruel and unusual punishment and a miscarriage of justice. It also authorizes civil suits by affected individuals and a right to habeas corpus relief in federal district court.</p>

tv_txt: I 118th CONGRESS 1st Session H. R. 2430 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.

1. Short title This Act may be cited as the Women’s Healthcare Anti-Death Penalty Construction Act . 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: 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. .