Missouri 2025 Regular Session

Missouri Senate Bill SJR55 Compare Versions

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22 EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
33 and is intended to be omitted in the law.
44 FIRST REGULAR SESSION
55 SENATE JOINT RESOLUTION NO. 55
66 103RD GENERAL ASSEMBLY
77 INTRODUCED BY SENATOR TRENT.
88 2482S.01I KRISTINA MARTIN, Secretary
99 JOINT RESOLUTION
1010 Submitting to the qualified voters of Missouri, an amendment repealing section 36 of article I of
1111 the Constitution of Missouri, relating to reproductive health care.
1212
1313 Be it resolved by the Senate, the House of Representatives concurring therein:
1414 That at the next general election to be held in the 1
1515 state of Missouri, on Tuesday next following the first Monday 2
1616 in November, 2026, or at a special election to be called by 3
1717 the governor for that purpose, there is hereby submitted to 4
1818 the qualified voters of this state, for adoption or 5
1919 rejection, the following amendment to article I of the 6
2020 Constitution of the st ate of Missouri:7
2121 Section A. Section 36, article I, Constitution of 1
2222 Missouri, is repealed, to read as follows:2
2323 [Section 36. 1. This Section shall be 1
2424 known as "The Right to Reproductive Freedom 2
2525 Initiative". 3
2626 2. The Government shall not deny or 4
2727 infringe upon a person's fundamental right to 5
2828 reproductive freedom, which is the right to make 6
2929 and carry out decisions about all matters 7
3030 relating to reproductive health care, including 8
3131 but not limited to prenatal care, childbirth, 9
3232 postpartum care, birth control, abortion care, 10
3333 miscarriage care, and respectful birthing 11
3434 conditions. 12
3535 3. The right to reproductive freedom shall 13
3636 not be denied, interfered with, delayed, or 14
3737 otherwise restricted unless the Government 15
3838 demonstrates that such action is justified by a 16 SJR 55 2
3939 compelling governmental interest achieved by the 17
4040 least restrictive means. Any denial, 18
4141 interference, delay, or restriction of the right 19
4242 to reproductive freedom shall be presumed 20
4343 invalid. For purposes of this Section, a 21
4444 governmental interest is compelling only if it 22
4545 is for the limited purpose and has the limited 23
4646 effect of improving or maintaining the health of 24
4747 a person seeking care, is consistent with widely 25
4848 accepted clinical standards of practice and 26
4949 evidence-based medicine, and does not infringe 27
5050 on that person's autonomous decision -making. 28
5151 4. Notwithstanding subsection 3 of this 29
5252 Section, the general assembly may enact laws 30
5353 that regulate the provision of abortion after 31
5454 Fetal Viability provided that under n o 32
5555 circumstance shall the Government deny, 33
5656 interfere with, delay, or otherwise restrict an 34
5757 abortion that in the good faith judgment of a 35
5858 treating health care professional is needed to 36
5959 protect the life or physical or mental health of 37
6060 the pregnant person. 38
6161 5. No person shall be penalized, 39
6262 prosecuted, or otherwise subjected to adverse 40
6363 action based on their actual, potential, 41
6464 perceived, or alleged pregnancy outcomes, 42
6565 including but not limited to miscarriage, 43
6666 stillbirth, or abortion. Nor shall any person 44
6767 assisting a person in exercising their right to 45
6868 reproductive freedom with that person's consent 46
6969 be penalized, prosecuted, or otherwise subjected 47
7070 to adverse action for doing so. 48
7171 6. The Government shall not discriminate 49
7272 against persons providing or obtaining 50
7373 reproductive health care or assisting another 51
7474 person in doing so. 52
7575 7. If any provision of this Section or the 53
7676 application thereof to anyone or to any 54
7777 circumstance is held invalid, the remainder of 55
7878 those provisions and the app lication of such 56
7979 provisions to others or other circumstances 57
8080 shall not be affected thereby. 58
8181 8. For purposes of this Section, the 59
8282 following terms mean: 60 SJR 55 3
8383 (1) "Fetal Viability", the point in 61
8484 pregnancy when, in the good faith judgment of a 62
8585 treating health care professional and based on 63
8686 the particular facts of the case, there is a 64
8787 significant likelihood of the fetus's sustained 65
8888 survival outside the uterus without the 66
8989 application of extraordinary medical measures. 67
9090 (2) "Government", 68
9191 a. the state of Missouri; or 69
9292 b. any municipality, city, town, village, 70
9393 township, district, authority, public 71
9494 subdivision or public corporation having the 72
9595 power to tax or regulate, or any portion of two 73
9696 or more such entities within the state of 74
9797 Missouri.] 75
9898