MD
Maryland Senate Bill SB798

Maryland 2023 Regular Session

Maryland Senate Bill SB798 Compare Versions

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1- WES MOORE, Governor Ch. 244
21
3-– 1 –
4-Chapter 244
5-(Senate Bill 798)
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+ *sb0798*
89
9-Declaration of Rights – Right to Reproductive Freedom
10+SENATE BILL 798
11+J1 CONSTITUTIONAL AMENDMENT 3lr2986
12+ CF HB 705
13+By: Senators Ferguson, Hettleman, Lam, Hester, Waldstreicher, Carter, James,
14+M. Washington, Gile, Kagan, King, Kramer, Feldman, Lewis Young, Watson,
15+Beidle, Guzzone, Elfreth, Smith, and Zucker
16+Introduced and read first time: February 6, 2023
17+Assigned to: Finance
18+Committee Report: Favorable
19+Senate action: Adopted
20+Read second time: March 4, 2023
1021
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.
22+CHAPTER ______
1623
17-BY proposing an addition to the Maryland Constitution
18- Declaration of Rights
19- Article 48
24+AN ACT concerning 1
2025
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:
26+Declaration of Rights – Right to Reproductive Freedom 2
2427
25-Declaration of Rights
28+FOR the purpose of establishing that every person, as a central component of an 3
29+individual’s rights to liberty and equality, has the fundamental right to reproductive 4
30+freedom; and prohibiting the State from, directly or indirectly, denying, burdening, 5
31+or abridging the right unless justified by a compelling State interest achieved by the 6
32+least restrictive means. 7
2633
27-ARTICLE 48.
34+BY proposing an addition to the Maryland Constitution 8
35+ Declaration of Rights 9
36+ Article 48 10
2837
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-PREGNANCY . 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 .
38+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
39+(Three–fifths of all the members elected to each of the two Houses concurring), That it be 12
40+proposed that the Maryland Constitution read as follows: 13
3641
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.
42+Declaration of Rights 14
4143
42- SECTION 3. AND BE IT FURTHER ENACTED, That:
44+ARTICLE 48. 15
4345
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. 244 2023 LAWS OF MARYLAND
46+ THAT EVERY PERSON , AS A CENTRAL COMPONE NT OF AN INDIVIDUAL ’S 16
47+RIGHTS TO LIBERTY AN D EQUALITY , HAS THE FUNDAMENTAL RIGHT TO 17
48+REPRODUCTIVE FREEDOM , INCLUDING BUT NOT LI MITED TO THE ABILITY TO MAKE 18 2 SENATE BILL 798
4949
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.
5550
56- (2) At that general election, a question substantially similar to the
57-following shall be submitted to the qualified voters of the State:
51+AND EFFECTUATE DECIS IONS TO PREVENT , CONTINUE, OR END ONE ’S OWN 1
52+PREGNANCY . THE STATE MAY NOT , DIRECTLY OR INDIRECT LY, DENY, BURDEN, OR 2
53+ABRIDGE THE RIGHT UN LESS JUSTIFIED BY A COMPELLING STATE INTEREST 3
54+ACHIEVED BY THE LEAS T RESTRICTIVE MEANS . 4
5855
59-“Question ____ Constitutional Amendment
56+ SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly 5
57+determines that the amendment to the Maryland Constitution proposed by Section 1 of this 6
58+Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 7
59+Constitution concerning local approval of constitutional amendments do not apply. 8
6060
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.”.
61+ SECTION 3. AND BE IT FURTHER ENACTED, That: 9
6562
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.
63+ (a) The amendment to the Maryland Constitution proposed by Section 1 of this 10
64+Act shall be submitted to the qualified voters of the State at the next general election to be 11
65+held in November 2024 for adoption or rejection pursuant to Article XIV of the Maryland 12
66+Constitution. 13
6967
70-Approved by the Governor, assigned a chapter number, enactment subject to
71-constitutional referendum, May 3, 2023.
68+ (b) (1) At that general election, the vote on the proposed amendment to the 14
69+Constitution shall be by ballot, and on each ballot there shall be printed the words “For the 15
70+Constitutional Amendment” and “Against the Constitutional Amendment”, as now 16
71+provided by law. 17
72+
73+ (2) At that general election, a question substantially similar to the 18
74+following shall be submitted to the qualified voters of the State: 19
75+
76+“Question ____ Constitutional Amendment 20
77+
78+The proposed amendment confirms an individual’s fundamental right to an individual’s 21
79+own reproductive liberty and provides the State may not, directly or indirectly, deny, 22
80+burden, or abridge the right unless justified by a compelling State interest achieved by the 23
81+least restrictive means.”. 24
82+
83+ (c) Immediately after the election, all returns shall be made to the Governor of 25
84+the vote for and against the proposed amendment, as directed by Article XIV of the 26
85+Maryland Constitution, and further proceedings had in accordance with Article XIV. 27
86+