SJR7A - Proposes to amend the Nevada Constitution to establish certain rights relating to reproductive health. (BDR C-864)

S.J.R. 7 of the 82nd Session - *SJR7_82* SENATE JOINT RESOLUTION NO. 7 OF THE 82ND SESSION– SENATORS CANNIZZARO, LANGE, SCHEIBLE, SPEARMAN, NGUYEN; DALY, DONATE, DONDERO LOOP, FLORES, D. HARRIS, OHRENSCHALL AND PAZINA MARCH 16, 2023 ____________ JOINT SPONSORS: ASSEMBLYMEN JAUREGUI, COHEN, BACKUS, MARZOLA, GORELOW; ANDERSON, BILBRAY-AXELROD, BROWN-MAY, CARTER, CONSIDINE, D’SILVA, DURAN, GONZÁLEZ, LA RUE HATCH, BRITTNEY MILLER, C.H. MILLER, MONROE-MORENO, MOSCA, NEWBY, NGUYEN, ORENTLICHER, PETERS, SUMMERS-ARMSTRONG, TAYLOR, THOMAS, TORRES, WATTS AND YEAGER ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Proposes to amend the Nevada Constitution to establish certain rights relating to reproductive health. (BDR C-864) FISCAL NOTE: Effect on Local Government: No. Effect on the State: No. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. SENATE JOINT RESOLUTION—Proposing to amend the Nevada Constitution to establish certain rights relating to reproductive health. Legislative Counsel’s Digest: Article 1 of the Nevada Constitution sets forth certain inalienable rights of an 1 individual. (Nev. Const. Art. 1) This joint resolution proposes to amend the Nevada 2 Constitution by adding a new section to Article 1 which: (1) guarantees each 3 individual in this State a fundamental right to reproductive freedom; (2) authorizes 4 the State to regulate abortion care after fetal viability with certain exceptions; and 5 (3) prevents the State from penalizing, prosecuting or taking any other adverse 6 action against an individual or entity for exercising the right to reproductive 7 freedom or for aiding or assisting another individual in exercising his or her right to 8 reproductive freedom. 9 – 2 – - *SJR7_82* If this resolution is passed by the 2023 Legislature, it must also be passed by 10 the next Legislature and then approved by the voters in an election before the 11 proposed amendment to the Nevada Constitution becomes effective. 12 RESOLVED BY THE SENATE AND ASSEMBLY OF THE STATE OF 1 NEVADA, JOINTLY, That a new section, designated Section 25, be 2 added to Article 1 of the Nevada Constitution to read as follows: 3 Sec. 25. 1. Every individual has a fundamental right 4 to reproductive freedom, which entails the right to make and 5 effectuate decisions about all matters relating to pregnancy, 6 including, without limitation, prenatal care, childbirth, 7 postpartum care, birth control, vasectomy, tubal ligation, 8 abortion, abortion care, management of a miscarriage and 9 infertility care. The right of an individual to reproductive 10 freedom shall not be denied, burdened or infringed upon 11 unless justified by a compelling State interest that is 12 achieved by the least restrictive means available. 13 2. Notwithstanding the provisions of subsection 1, the 14 State may regulate the provision of abortion care after fetal 15 viability, provided that in no circumstance may the State 16 prohibit an abortion that, in the professional judgment of an 17 attending provider of health care, is medically indicated to 18 protect the life or physical or mental health of the pregnant 19 individual. 20 3. The State shall not penalize, prosecute or otherwise 21 take adverse action against an individual based on the 22 actual, potential, perceived or alleged outcome of the 23 pregnancy of the individual, including, without limitation, a 24 miscarriage, stillbirth or abortion. 25 4. The State shall not penalize, prosecute or otherwise 26 take adverse action against a provider of health care, who is 27 licensed by the State, for acting consistent with the 28 applicable scope of practice and standard of care for 29 performing an abortion upon, providing abortion care to or 30 providing reproductive care services to an individual who 31 has granted the individual’s voluntary consent. 32 5. The State shall not penalize, prosecute or otherwise 33 take adverse action against any individual or entity for 34 aiding or assisting another individual in exercising the right 35 of the individual to reproductive freedom with the voluntary 36 consent of the individual. 37 6. Nothing provided in this section narrows or limits 38 the right to equality or equal protection. 39 7. As used in this section: 40 – 3 – - *SJR7_82* (a) “Compelling state interest” means an interest which 1 is limited exclusively to the State’s interest in protecting the 2 health of an individual who is seeking reproductive health 3 care that is consistent with accepted clinical standards of 4 practice. 5 (b) “Fetal viability” means the point in a pregnancy 6 when, in the professional judgment of an attending provider 7 of health care and based on the particular facts of the case, 8 there is a significant likelihood of the sustained survival of 9 the fetus outside the uterus without the application of 10 extraordinary medical measures. 11 (c) “Least restrictive means” means in a manner that 12 restricts or infringes upon the autonomous decision-making 13 of an individual to the slightest degree possible while 14 furthering a compelling state interest. 15 And be it further 16 RESOLVED, That this resolution becomes effective upon 17 passage. 18 H