1 | 1 | | REFERENCE TITLE: abortion; women's health; state interest State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HCR 2058 Introduced by Representative Keshel A CONCURRENT RESOLUTION Proposing an amendment to the Constitution of Arizona; amending article II, section 8.1, Constitution of Arizona; relating to the fundamental right to abortion. (TEXT OF BILL BEGINS ON NEXT PAGE) |
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11 | 11 | | REFERENCE TITLE: abortion; women's health; state interest |
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12 | 12 | | State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 |
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13 | 13 | | HCR 2058 |
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14 | 14 | | Introduced by Representative Keshel |
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16 | 16 | | REFERENCE TITLE: abortion; women's health; state interest |
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26 | 26 | | State of Arizona |
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28 | 28 | | House of Representatives |
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30 | 30 | | Fifty-seventh Legislature |
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32 | 32 | | First Regular Session |
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34 | 34 | | 2025 |
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42 | 42 | | HCR 2058 |
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46 | 46 | | Introduced by |
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48 | 48 | | Representative Keshel |
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66 | 66 | | A CONCURRENT RESOLUTION |
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70 | 70 | | Proposing an amendment to the Constitution of Arizona; amending article II, section 8.1, Constitution of Arizona; relating to the fundamental right to abortion. |
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76 | 76 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
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80 | 80 | | Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring: 1. Article II, section 8.1, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor: CONST8.1. Fundamental right to abortion; definitions A. Every individual woman has a fundamental right to abortion under circumstances that do not threaten the woman's health or safety, and the state shall not enact, adopt or enforce any law, regulation, policy or practice that does any of the following: 1. Denies, restricts or interferes with that right before fetal viability unless justified by a compelling rationally related to a legitimate state interest that is achieved by the least restrictive means. 2. Denies, restricts or interferes with an abortion after fetal viability that, in the good faith judgment of a treating health care professional, is necessary to protect the life or physical or mental health of the pregnant individual woman. 3. Penalizes any individual or entity for aiding or assisting a pregnant individual woman in exercising the individual's woman's right to abortion as provided in this section. B. For the purposes of this section: 1. "Compelling state interest" means a law, regulation, policy or practice that meets both of the following: (a) Is enacted or adopted for the limited purpose of improving or maintaining the health of an individual seeking abortion care, consistent with accepted clinical standards of practice and evidence-based medicine. (b) Does not infringe on that individual's autonomous decision making. 2. 1. "Fetal viability" means the point in pregnancy when, in the good faith judgment of a treating health care professional and based on the particular facts of the case, there is a significant likelihood of the fetus's unborn child's sustained survival outside the uterus without the application of extraordinary medical measures. 2. "Legitimate state interest" includes: (a) Respect for and preservation of prenatal life at all stages of development. (b) The protection of maternal health and safety. (c) The elimination of particularly gruesome or barbaric medical procedures. (d) The preservation of the integrity of the medical profession. (e) The mitigation of fetal pain. (f) The prevention of discrimination on the basis of race, sex or disability. 3. "State" means this state, any agency of this state or any political subdivision of this state. CONST 2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona. |
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82 | 82 | | Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring: |
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84 | 84 | | 1. Article II, section 8.1, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor: |
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86 | 86 | | CONST8.1. Fundamental right to abortion; definitions |
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88 | 88 | | A. Every individual woman has a fundamental right to abortion under circumstances that do not threaten the woman's health or safety, and the state shall not enact, adopt or enforce any law, regulation, policy or practice that does any of the following: |
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90 | 90 | | 1. Denies, restricts or interferes with that right before fetal viability unless justified by a compelling rationally related to a legitimate state interest that is achieved by the least restrictive means. |
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92 | 92 | | 2. Denies, restricts or interferes with an abortion after fetal viability that, in the good faith judgment of a treating health care professional, is necessary to protect the life or physical or mental health of the pregnant individual woman. |
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94 | 94 | | 3. Penalizes any individual or entity for aiding or assisting a pregnant individual woman in exercising the individual's woman's right to abortion as provided in this section. |
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96 | 96 | | B. For the purposes of this section: |
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98 | 98 | | 1. "Compelling state interest" means a law, regulation, policy or practice that meets both of the following: |
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100 | 100 | | (a) Is enacted or adopted for the limited purpose of improving or maintaining the health of an individual seeking abortion care, consistent with accepted clinical standards of practice and evidence-based medicine. |
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102 | 102 | | (b) Does not infringe on that individual's autonomous decision making. |
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104 | 104 | | 2. 1. "Fetal viability" means the point in pregnancy when, in the good faith judgment of a treating health care professional and based on the particular facts of the case, there is a significant likelihood of the fetus's unborn child's sustained survival outside the uterus without the application of extraordinary medical measures. |
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106 | 106 | | 2. "Legitimate state interest" includes: |
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108 | 108 | | (a) Respect for and preservation of prenatal life at all stages of development. |
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110 | 110 | | (b) The protection of maternal health and safety. |
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112 | 112 | | (c) The elimination of particularly gruesome or barbaric medical procedures. |
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114 | 114 | | (d) The preservation of the integrity of the medical profession. |
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116 | 116 | | (e) The mitigation of fetal pain. |
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118 | 118 | | (f) The prevention of discrimination on the basis of race, sex or disability. |
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120 | 120 | | 3. "State" means this state, any agency of this state or any political subdivision of this state. CONST |
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122 | 122 | | 2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona. |
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