SB13INTRODUCED
Page 0
SB13
XYLQZZZ-1
By Senator Figures
RFD: Judiciary
First Read: 06-Feb-24
PFD: 05-Jan-24
1
2
3
4
5
6 XYLQZZZ-1 01/05/2024 GP (L)lg 2023-3487
Page 1
PFD: 05-Jan-24
SYNOPSIS:
The state constitution affirms that it is the
public policy of the state to support the sanctity of
unborn life and the rights of unborn children,
including the right to life.
This bill would propose an amendment to the
Constitution of Alabama of 2022, relating to abortion,
to establish the individual right to make one's own
reproductive decisions, including contraception,
fertility treatment, continuing one's own pregnancy,
miscarriage care, and abortion.
This bill would prohibit the state from
burdening, penalizing, prohibiting, interfering with,
or discriminating against an individual's voluntary
exercise of the right to make his or her own
reproductive decisions, unless the state does so in
the least restrictive means and to advance the
individual's health in accordance with evidence-based
standards of care.
This bill would authorize the state to prohibit
abortion after fetal viability and would define the
term "fetal viability."
This bill would also prohibit the state from
prohibiting an abortion if the abortion is necessary to
protect the pregnant individual's life or health.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 SB13 INTRODUCED
Page 2
protect the pregnant individual's life or health.
A BILL
TO BE ENTITLED
AN ACT
Proposing to repeal and replace Section 36.06 of the
Constitution of Alabama of 2022, relating to abortion; to
establish the individual right to reproductive decisions,
including abortion; to prohibit certain state action that
prohibits or interferes with an individual's voluntary
exercise of the right to make reproductive decisions; and to
limit when the state may burden or prohibit the individual
right to make reproductive decisions.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The following amendment to the Constitution
of Alabama of 2022, is proposed:
PROPOSED AMENDMENT
Section 36.06 of the Constitution of Alabama of 2022,
is repealed and replaced to read as follows:
Section 36.06
(a) Every individual has the right to make and carry
out one's own reproductive decisions, including, but not
limited to, decisions on each of the following:
(1) Contraception.
(2) Fertility treatment.
(3) Continuing one's own pregnancy.
(4) Miscarriage care.
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56 SB13 INTRODUCED
Page 3
(4) Miscarriage care.
(5) Abortion.
(b) The state shall not directly or indirectly burden,
penalize, prohibit, interfere with, or discriminate against
either of the following, unless the state demonstrates that it
is using the least restrictive means to advance the
individual's health in accordance with widely accepted and
evidence-based standards of care:
(1) An individual's voluntary exercise of the rights
provided in this section.
(2) An individual or entity that assists an individual
exercising the rights provided in this section.
(c)(1) Abortion may be prohibited after fetal
viability. For purposes of this section, the term "fetal
viability" means the point in pregnancy when, in the
professional judgment of the pregnant patient's treating
physician, the fetus has a significant likelihood of survival
outside the uterus with reasonable measures. Fetal viability
is determined on a case-by-case basis.
(2) Abortion may not be prohibited if, in the
professional judgment of the pregnant patient's treating
physician, it is necessary to protect the pregnant patient's
life or health.
Upon ratification of this constitutional amendment, the
Code Commissioner shall number and place this amendment as
appropriate in the constitution omitting this instructional
paragraph and may make the following nonsubstantive revisions:
change capitalization, hierarchy, spelling, and punctuation
for purposes of style and uniformity; correct manifest
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84 SB13 INTRODUCED
Page 4
for purposes of style and uniformity; correct manifest
grammatical, clerical, and typographical errors; revise
internal or external citations and cross-references; and
translate effective dates.
END OF PROPOSED AMENDMENT
Section 2. An election upon the proposed amendment
shall be held in accordance with Sections 284 and 285 of the
Constitution of Alabama of 2022, and the election laws of this
state. The appropriate election official shall assign a ballot
number for the proposed constitutional amendment on the
election ballot and shall set forth the following description
of the substance or subject matter of the proposed
constitutional amendment:
"Proposing an amendment to repeal and replace Section
36.06 of the Constitution of Alabama of 2022, to establish the
right to make and carry out one's own reproductive decisions,
including decisions on contraception, fertility treatment,
continuing one's own pregnancy, miscarriage care, and
abortion; to prohibit state action that burdens, penalizes,
prohibits, interferes with, or discriminates against the right
to make and carry out one's own reproductive decisions; and to
authorize the state to prohibit abortion after fetal
viability.
Proposed by Act ____. "
This description shall be followed by the following
language:
"Yes( ) No( )."
Section 3. The proposed amendment shall become valid as
a part of the Constitution of Alabama of 2022, when approved
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112 SB13 INTRODUCED
Page 5
a part of the Constitution of Alabama of 2022, when approved
by a majority of the qualified electors voting thereon.113
114