FIRST REGULAR SESSION
SENATE JOINT RESOLUTION NO. 17
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR FITZWATER.
1234S.01I KRISTINA MARTIN, Secretary
JOINT RESOLUTION
Submitting to the qualified voters of Missouri, an amendment to article III of the Constitution of
Missouri, by adding thereto one new section relating to abortion, with penalty
provisions.
Be it resolved by the Senate, the House of Representatives concurring therein:
That at the next general election to be held in the 1
state of Missouri, on Tuesday next following the first Monday 2
in November, 2026, or at a special election to be called by 3
the governor for that purp ose, there is hereby submitted to 4
the qualified voters of this state, for adoption or 5
rejection, the following amendment to article III of the 6
Constitution of the state of Missouri:7
Section A. Article III, Constitution of Missouri, is 1
amended by adding thereto one new section, to be known as 2
section 38(e), to read as follows:3
Section 38(e). 1. As used in this section, the 1
following terms mean: 2
(1) "Abortion": 3
(a) The act of using or prescribing any instrument, 4
device, medicine, drug, or any other means or substance with 5
the intent to destroy the life of an embryo or fetus in his 6
or her mother's womb; or 7
(b) The intentional termination of the pregnancy of a 8
mother by using or prescribing any instrument, device, 9
medicine, drug, or other means or substance with an 10
intention other than to increase the probability of a live 11
birth or to remove a dead unborn child; 12 SJR 17 2
(2) "Medical emergency", a condition which, based on 13
reasonable medical judgment, so complicates the medical 14
condition of a pregnant woman as to necessitate the 15
immediate abortion of her pregnancy to avert the death of 16
the pregnant woman or for which a delay will create a 17
serious risk of substantial and irreversible physical 18
impairment of a major bodily function of the pregnant woman; 19
(3) "Reasonable medical judgment", a medical judgment 20
that would be made by a reasonably prudent physician, 21
knowledgeable about the case and the treatment possibilities 22
with respect to the medical conditions involved; 23
(4) "Unborn child", the offspring of human beings from 24
the moment of conception until birth and at every stage of 25
its biological development, including the human conceptus, 26
zygote, morula, blastocyst, embryo, and fetus. 27
2. No abortion shall be performed or induced upon a 28
woman, except in cases of medical emergency. Any person who 29
knowingly performs or induces an abortion of an unborn child 30
in violation of this subsection shall be guilty of a class B 31
felony, as well as subject to suspension or revocation of 32
his or her professional license by his or her professional 33
licensing board. A woman upon whom an abortion is performed 34
or induced in violation of this subsection shall not be 35
prosecuted for a conspiracy to violate the pr ovisions of 36
this subsection. 37
3. It shall be an affirmative defense for any person 38
alleged to have violated the provisions of subsection 2 of 39
this section that the person performed or induced an 40
abortion because of a medical emergency. The defendant 41
shall have the burden of persuasion that the defense is more 42
probably true than not. 43 SJR 17 3
4. The general assembly shall add no further 44
exceptions to the prohibition stated in subsection 2 of this 45
section unless such exceptions shall be put to a vo te of the 46
people in accordance with article XII, section 2(b) of the 47
Constitution of Missouri. 48
5. The general assembly may provide by general law for 49
an income tax credit for contributions made to agencies that 50
provide support to pregnant and new mothers, born and unborn 51
children, and their families, including, but not limited to, 52
nonprofit pregnancy resource centers, provided that such law 53
shall not allow tax credits to be authorized for 54
contributions made to any entity that performs, induces , or 55
refers for abortions, or that holds itself out as 56
performing, inducing, or referring for abortions. 57
Section B. Pursuant to chapter 116, and other 1
applicable constitutional provisions and laws of this state 2
allowing the general assembly to adopt ballot language for 3
the submission of this joint resolution to the voters of 4
this state, the official summary statement of this 5
resolution shall be as follows: 6
"Shall the Missouri Constitution be amended to: 7
● Guarantee that abortion laws protect a 8
pregnant mother from serious risk to life or 9
physical health; 10
● Authorize support to pregnant mothers, born 11
and unborn children, and their families through 12
supporting nonprofit pregnancy resource centers; 13
and 14
● Only through a vote of the people can 15
abortion exceptions be added?". 16