[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2430 Introduced in House (IH)]
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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.
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IN THE HOUSE OF REPRESENTATIVES
March 30, 2023
Ms. Mace introduced the following bill; which was referred to the
Committee on the Judiciary
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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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