S.J.R. 7
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SENATE JOINT RESOLUTION NO. 7–SENATORS CANNIZZARO,
LANGE, SCHEIBLE, SPEARMAN, NGUYEN; DALY, DONATE,
DONDERO LOOP, FLORES, D. HARRIS, OHRENSCHALL AND
PAZINA
MARCH 16, 2023
____________
JOINT SPONSORS: ASSEMBLYMEN JAUREGUI, COHEN, BACKUS,
MARZOLA, GORELOW; ANDERSON, BILBRAY-AXELROD,
BROWN-MAY, CARTER, CONSIDINE, D’SILVA, DURAN,
GONZÁLEZ, LA RUE HATCH, BRITTNEY MILLER, C.H.
MILLER, MONROE-MORENO, MOSCA, NEWBY, NGUYEN,
ORENTLICHER, PETERS, SUMMERS-ARMSTRONG, TAYLOR,
THOMAS, TORRES, WATTS AND YEAGER
____________
Referred to Committee on Legislative Operations and Elections
SUMMARY—Proposes to amend the Nevada Constitution to
establish certain rights relating to reproductive
health. (BDR C-864)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
SENATE JOINT RESOLUTION—Proposing to amend the Nevada
Constitution to establish certain rights relating to
reproductive health.
Legislative Counsel’s Digest:
Article 1 of the Nevada Constitution sets forth certain inalienable rights of an 1
individual. (Nev. Const. Art. 1) This joint resolution proposes to amend the Nevada 2
Constitution by adding a new section to Article 1 which: (1) guarantees each 3
individual in this State a fundamental right to reproductive freedom; (2) authorizes 4
the State to regulate abortion care after fetal viability with certain exceptions; and 5
(3) prevents the State from penalizing, prosecuting or taking any other adverse 6
action against an individual for exercising the right to reproductive freedom or for 7
aiding or assisting another individual in exercising his or her right to reproductive 8
freedom. 9
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If this resolution is passed by the 2023 Legislature, it must also be passed by 10
the next Legislature and then approved by the voters in an election before the 11
proposed amendment to the Nevada Constitution becomes effective. 12
RESOLVED BY THE SENATE AND ASSEMBLY OF THE STATE OF 1
NEVADA, JOINTLY, That a new section, designated Section 25, be 2
added to Article 1 of the Nevada Constitution to read as follows: 3
Sec. 25. 1. Every individual has a fundamental right 4
to reproductive freedom, which entails the right to make and 5
effectuate decisions about all matters relating to pregnancy, 6
including, without limitation, prenatal care, childbirth, 7
postpartum care, birth control, vasectomy, tubal litigation, 8
abortion, abortion care, management of a miscarriage and 9
infertility care. The right of an individual to reproductive 10
freedom shall not be denied, burdened or infringed upon 11
unless justified by a compelling State interest that is 12
achieved by the least restrictive means available. 13
2. Notwithstanding the provisions of subsection 1, the 14
State may regulate the provision of abortion care after fetal 15
viability, provided that in no circumstance may the State 16
prohibit an abortion that, in the professional judgment of an 17
attending provider of health care, is medically indicated to 18
protect the life or physical or mental health of the pregnant 19
individual. 20
3. The State shall not penalize, prosecute or otherwise 21
take adverse action against an individual based on the 22
actual, potential, perceived or alleged outcome of the 23
pregnancy of the individual, including, without limitation, a 24
miscarriage, stillbirth or abortion. 25
4. The State shall not penalize, prosecute or otherwise 26
take adverse action against a provider of health care, who is 27
licensed by the State, while acting within the applicable 28
scope of practice and standard of care for performing an 29
abortion upon an individual who has granted informed 30
consent to the abortion. 31
5. The State shall not penalize, prosecute or otherwise 32
take adverse action against any individual for aiding or 33
assisting another individual in exercising the right of the 34
individual to reproductive freedom with the voluntary 35
consent of the individual. 36
6. As used in this section: 37
(a) “Compelling state interest” means an interest which 38
is limited exclusively to the State’s interest in protecting the 39
health of an individual who is seeking reproductive health 40
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care that is consistent with accepted clinical standards of 1
practice. 2
(b) “Fetal viability” means the point in a pregnancy 3
when, in the professional judgment of an attending provider 4
of health care and based on the particular facts of the case, 5
there is a significant likelihood of the sustained survival of 6
the fetus outside the uterus without the application of 7
extraordinary medical measures. 8
(c) “Least restrictive means” means in a manner that 9
restricts or infringes upon the autonomous decision-making 10
of an individual to the slightest degree possible while 11
furthering a compelling state interest. 12
And be it further 13
RESOLVED, That this resolution becomes effective upon 14
passage. 15
H