- 82nd Session (2023)
Senate Joint Resolution No. 7–Senators Cannizzaro, Lange,
Scheible, Spearman, Nguyen; Daly, Donate, Dondero Loop,
Flores, D. Harris, Ohrenschall and Pazina
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
FILE NUMBER..........
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
individual. (Nev. Const. Art. 1) This joint resolution proposes to amend the Nevada
Constitution by adding a new section to Article 1 which: (1) guarantees each
individual in this State a fundamental right to reproductive freedom; (2) authorizes
the State to regulate abortion care after fetal viability with certain exceptions; and
(3) prevents the State from penalizing, prosecuting or taking any other adverse
action against an individual or entity for exercising the right to reproductive
freedom or for aiding or assisting another individual in exercising his or her right to
reproductive freedom.
If this resolution is passed by the 2023 Legislature, it must also be passed by
the next Legislature and then approved by the voters in an election before the
proposed amendment to the Nevada Constitution becomes effective.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
RESOLVED BY THE SENATE AND ASSEMBLY OF THE STATE OF
NEVADA, JOINTLY, That a new section, designated Section 25, be
added to Article 1 of the Nevada Constitution to read as follows:
Sec. 25. 1. Every individual has a fundamental right
to reproductive freedom, which entails the right to make and
effectuate decisions about all matters relating to pregnancy,
including, without limitation, prenatal care, childbirth,
postpartum care, birth control, vasectomy, tubal ligation,
abortion, abortion care, management of a miscarriage and
infertility care. The right of an individual to reproductive
freedom shall not be denied, burdened or infringed upon
unless justified by a compelling State interest that is
achieved by the least restrictive means available.
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- 82nd Session (2023)
2. Notwithstanding the provisions of subsection 1, the
State may regulate the provision of abortion care after fetal
viability, provided that in no circumstance may the State
prohibit an abortion that, in the professional judgment of an
attending provider of health care, is medically indicated to
protect the life or physical or mental health of the pregnant
individual.
3. The State shall not penalize, prosecute or otherwise
take adverse action against an individual based on the
actual, potential, perceived or alleged outcome of the
pregnancy of the individual, including, without limitation, a
miscarriage, stillbirth or abortion.
4. The State shall not penalize, prosecute or otherwise
take adverse action against a provider of health care, who is
licensed by the State, for acting consistent with the
applicable scope of practice and standard of care for
performing an abortion upon, providing abortion care to or
providing reproductive care services to an individual who
has granted the individual’s voluntary consent.
5. The State shall not penalize, prosecute or otherwise
take adverse action against any individual or entity for
aiding or assisting another individual in exercising the right
of the individual to reproductive freedom with the voluntary
consent of the individual.
6. Nothing provided in this section narrows or limits
the right to equality or equal protection.
7. As used in this section:
(a) “Compelling state interest” means an interest which
is limited exclusively to the State’s interest in protecting the
health of an individual who is seeking reproductive health
care that is consistent with accepted clinical standards of
practice.
(b) “Fetal viability” means the point in a pregnancy
when, in the professional judgment of an attending provider
of health care and based on the particular facts of the case,
there is a significant likelihood of the sustained survival of
the fetus outside the uterus without the application of
extraordinary medical measures.
(c) “Least restrictive means” means in a manner that
restricts or infringes upon the autonomous decision-making
of an individual to the slightest degree possible while
furthering a compelling state interest.
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- 82nd Session (2023)
And be it further
RESOLVED, That this resolution becomes effective upon
passage.
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