MD
Maryland House Bill HB705

Maryland 2023 Regular Session

Maryland House Bill HB705 Compare Versions

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1- WES MOORE, Governor Ch. 245
21
3-– 1 –
4-Chapter 245
5-(House Bill 705)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb0705*
89
9-Declaration of Rights – Right to Reproductive Freedom
10+HOUSE BILL 705
11+J1 CONSTITUTIONAL AMENDMENT 3lr0493
12+HB 1171/22 – HGO CF SB 798
13+By: Delegates A. Jones, Acevero, Addison, Allen, Alston, Atterbeary, Bagnall,
14+B. Barnes, Barve, Boafo, Boyce, Bridges, Chang, Charkoudian, Charles,
15+Clippinger, Crutchfield, Cullison, Ebersole, Embry, Fair, Feldmark, Foley,
16+Forbes, Fraser–Hidalgo, Grossman, Guyton, Guzzone, Harris, Harrison,
17+Henson, Holmes, A. Johnson, S. Johnson, D. Jones, Kaiser, Kaufman, Kelly,
18+Kerr, Korman, Lehman, J. Lewis, R. Lewis, J. Long, Lopez, Love, McCaskill,
19+Mireku–North, Moon, Palakovich Carr, Pasteur, Patterson, Pena–Melnyk,
20+Phillips, Pruski, Qi, Queen, Reznik, Rosenberg, Ruth, Sample –Hughes,
21+Shetty, Simmons, Simpson, Smith, Solomon, Stein, Stewart, Taveras,
22+Terrasa, Toles, Turner, Valderrama, Vogel, Watson, Wells, White, Wilkins,
23+Williams, Wilson, and Ziegler
24+Introduced and read first time: February 6, 2023
25+Assigned to: Health and Government Operations
26+Committee Report: Favorable
27+House action: Adopted
28+Read second time: March 2, 2023
1029
11-FOR the purpose of establishing that every person, as a central component of an
12-individual’s rights to liberty and equality, has the fundamental right to reproductive
13-freedom; and prohibiting the State from, directly or indirectly, denying, burdening,
14-or abridging the right unless justified by a compelling State interest achieved by the
15-least restrictive means.
30+CHAPTER ______
1631
17-BY proposing an addition to the Maryland Constitution
18- Declaration of Rights
19- Article 48
32+AN ACT concerning 1
2033
21- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
22-(Three–fifths of all the members elected to each of the two Houses concurring), That it be
23-proposed that the Maryland Constitution read as follows:
34+Declaration of Rights – Right to Reproductive Freedom 2
2435
25-Declaration of Rights
36+FOR the purpose of establishing that every person, as a central component of an 3
37+individual’s rights to liberty and equality, has the fundamental right to reproductive 4
38+freedom; and prohibiting the State from, directly or indirectly, denying, burdening, 5
39+or abridging the right unless justified by a compelling State interest achieved by the 6
40+least restrictive means. 7
2641
27-ARTICLE 48.
42+BY proposing an addition to the Maryland Constitution 8
43+ Declaration of Rights 9
44+ Article 48 10
2845
29- THAT EVERY PERSON, AS A CENTRAL COMPONE NT OF AN INDIVIDUAL ’S
30-RIGHTS TO LIBERTY AN D EQUALITY , HAS THE FUNDAMENTAL RIGHT TO
31-REPRODUCTIVE FREEDOM , INCLUDING BUT NOT LI MITED TO THE ABILITY TO MAKE
32-AND EFFECTUATE DECIS IONS TO PREVENT , CONTINUE, OR END ONE’S OWN
33-PREGNAN CY. THE STATE MAY NOT , DIRECTLY OR INDIRECT LY, DENY, BURDEN, OR
34-ABRIDGE THE RIGHT UN LESS JUSTIFIED BY A COMPELLING STATE INTEREST
35-ACHIEVED BY THE LEAS T RESTRICTIVE MEANS .
46+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
47+(Three–fifths of all the members elected to each of the two Houses concurring), That it be 12
48+proposed that the Maryland Constitution read as follows: 13 2 HOUSE BILL 705
3649
37- SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly
38-determines that the amendment to the Maryland Constitution proposed by Section 1 of this
39-Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland
40-Constitution concerning local approval of constitutional amendments do not apply.
4150
42- SECTION 3. AND BE IT FURTHER ENACTED, That :
4351
44- (a) The amendment to the Maryland Constitution proposed by Section 1 of this
45-Act shall be submitted to the qualified voters of the State at the next general election to be
46-held in November 2024 for adoption or rejection pursuant to Article XIV of the Maryland
47-Constitution.
48- Ch. 245 2023 LAWS OF MARYLAND
52+Declaration of Rights 1
4953
50-– 2 –
51- (b) (1) At that general election, the vote on the proposed amendment to the
52-Constitution shall be by ballot, and on each ballot there shall be printed the words “For the
53-Constitutional Amendment” and “Against the Constitutional Amendment”, as now
54-provided by law.
54+ARTICLE 48. 2
5555
56- (2) At that general election, a question substantially similar to the
57-following shall be submitted to the qualified voters of the State:
56+ THAT EVERY PE RSON, AS A CENTRAL COMPONE NT OF AN INDIVIDUAL ’S 3
57+RIGHTS TO LIBERTY AN D EQUALITY , HAS THE FUNDAMENTAL RIGHT TO 4
58+REPRODUCTIVE FREEDOM , INCLUDING BUT NOT LI MITED TO THE ABILITY TO MAKE 5
59+AND EFFECTUATE DECIS IONS TO PREVENT , CONTINUE, OR END ONE’S OWN 6
60+PREGNANCY . THE STATE MAY NOT , DIRECTLY OR INDIRECT LY, DENY, BURDEN, OR 7
61+ABRIDGE THE RIGHT UN LESS JUSTIFIED BY A COMPELLING STATE INTEREST 8
62+ACHIEVED BY THE LEAS T RESTRICTIVE MEANS . 9
5863
59-“Question ____ Constitutional Amendment
64+ SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly 10
65+determines that the amendment to the Maryland Constitution proposed by Section 1 of this 11
66+Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 12
67+Constitution concerning local approval of constitutional amendments do not apply. 13
6068
61-The proposed amendment confirms an individual’s fundamental right to an individual’s
62-own reproductive liberty and provides the State may not, directly or indirectly, deny,
63-burden, or abridge the right unless justified by a compelling State interest achieved by the
64-least restrictive means.”.
69+ SECTION 3. AND BE IT FURTHER ENACTED, That : 14
6570
66- (c) Immediately after the election, all returns shall be made to the Governor of
67-the vote for and against the proposed amendment, as directed by Article XIV of the
68-Maryland Constitution, and further proceedings had in accordance with Article XIV.
71+ (a) The amendment to the Maryland Constitution proposed by Section 1 of this 15
72+Act shall be submitted to the qualified voters of the State at the next general election to be 16
73+held in November 2024 for adoption or rejection pursuant to Article XIV of the Maryland 17
74+Constitution. 18
6975
70-Approved by the Governor, assigned a chapter number, enactment subject to
71-constitutional referendum, May 3, 2023.
76+ (b) (1) At that general election, the vote on the proposed amendment to the 19
77+Constitution shall be by ballot, and on each ballot there shall be printed the words “For the 20
78+Constitutional Amendment” and “Against the Constitutional Amendment”, as now 21
79+provided by law. 22
80+
81+ (2) At that general election, a question substantially similar to the 23
82+following shall be submitted to the qualified voters of the State: 24
83+
84+“Question ____ Constitutional Amendment 25
85+
86+The proposed amendment confirms an individual’s fundamental right to an individual’s 26
87+own reproductive liberty and provides the State may not, directly or indirectly, deny, 27
88+burden, or abridge the right unless justified by a compelling State interest achieved by the 28
89+least restrictive means.”. 29
90+
91+ (c) Immediately after the election, all returns shall be made to the Governor of 30
92+the vote for and against the proposed amendment, as directed by Article XIV of the 31
93+Maryland Constitution, and further proceedings had in accordance with Article XIV. 32