Nevada 2023 Regular Session

Nevada Senate Bill SJR7 Compare Versions

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Old	New	Differences
1	1
2	2
3	3	- 82nd Session (2023)
4	4	Senate Joint Resolution No. 7–Senators Cannizzaro, Lange,
5	5	Scheible, Spearman, Nguyen; Daly, Donate, Dondero Loop,
6	6	Flores, D. Harris, Ohrenschall and Pazina
7	7
8	8	Joint Sponsors: Assemblymen Jauregui, Cohen, Backus, Marzola,
9	9	Gorelow; Anderson, Bilbray-Axelrod, Brown-May, Carter,
10	10	Considine, D’Silva, Duran, González, La Rue Hatch,
11	11	Brittney Miller, C.H. Miller, Monroe-Moreno, Mosca,
12	12	Newby, Nguyen, Orentlicher, Peters, Summers-Armstrong,
13	13	Taylor, Thomas, Torres, Watts and Yeager
14	14
15	15	FILE NUMBER..........
16	16	SENATE JOINT RESOLUTION—Proposing to amend the Nevada
17	17	Constitution to establish certain rights relating to
18	18	reproductive health.
19	19	Legislative Counsel’s Digest:
20	20	Article 1 of the Nevada Constitution sets forth certain inalienable rights of an
21	21	individual. (Nev. Const. Art. 1) This joint resolution proposes to amend the Nevada
22	22	Constitution by adding a new section to Article 1 which: (1) guarantees each
23	23	individual in this State a fundamental right to reproductive freedom; (2) authorizes
24	24	the State to regulate abortion care after fetal viability with certain exceptions; and
25	25	(3) prevents the State from penalizing, prosecuting or taking any other adverse
26	26	action against an individual or entity for exercising the right to reproductive
27	27	freedom or for aiding or assisting another individual in exercising his or her right to
28	28	reproductive freedom.
29	29	If this resolution is passed by the 2023 Legislature, it must also be passed by
30	30	the next Legislature and then approved by the voters in an election before the
31	31	proposed amendment to the Nevada Constitution becomes effective.
32	32
33	33	EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
34	34
35	35
36	36	RESOLVED BY THE SENATE AND ASSEMBLY OF THE STATE OF
37	37	NEVADA, JOINTLY, That a new section, designated Section 25, be
38	38	added to Article 1 of the Nevada Constitution to read as follows:
39	39	Sec. 25. 1. Every individual has a fundamental right
40	40	to reproductive freedom, which entails the right to make and
41	41	effectuate decisions about all matters relating to pregnancy,
42	42	including, without limitation, prenatal care, childbirth,
43	43	postpartum care, birth control, vasectomy, tubal ligation,
44	44	abortion, abortion care, management of a miscarriage and
45	45	infertility care. The right of an individual to reproductive
46	46	freedom shall not be denied, burdened or infringed upon
47	47	unless justified by a compelling State interest that is
48	48	achieved by the least restrictive means available.
49	49	– 2 –
50	50
51	51
52	52	- 82nd Session (2023)
53	53	2. Notwithstanding the provisions of subsection 1, the
54	54	State may regulate the provision of abortion care after fetal
55	55	viability, provided that in no circumstance may the State
56	56	prohibit an abortion that, in the professional judgment of an
57	57	attending provider of health care, is medically indicated to
58	58	protect the life or physical or mental health of the pregnant
59	59	individual.
60	60	3. The State shall not penalize, prosecute or otherwise
61	61	take adverse action against an individual based on the
62	62	actual, potential, perceived or alleged outcome of the
63	63	pregnancy of the individual, including, without limitation, a
64	64	miscarriage, stillbirth or abortion.
65	65	4. The State shall not penalize, prosecute or otherwise
66	66	take adverse action against a provider of health care, who is
67	67	licensed by the State, for acting consistent with the
68	68	applicable scope of practice and standard of care for
69	69	performing an abortion upon, providing abortion care to or
70	70	providing reproductive care services to an individual who
71	71	has granted the individual’s voluntary consent.
72	72	5. The State shall not penalize, prosecute or otherwise
73	73	take adverse action against any individual or entity for
74	74	aiding or assisting another individual in exercising the right
75	75	of the individual to reproductive freedom with the voluntary
76	76	consent of the individual.
77	77	6. Nothing provided in this section narrows or limits
78	78	the right to equality or equal protection.
79	79	7. As used in this section:
80	80	(a) “Compelling state interest” means an interest which
81	81	is limited exclusively to the State’s interest in protecting the
82	82	health of an individual who is seeking reproductive health
83	83	care that is consistent with accepted clinical standards of
84	84	practice.
85	85	(b) “Fetal viability” means the point in a pregnancy
86	86	when, in the professional judgment of an attending provider
87	87	of health care and based on the particular facts of the case,
88	88	there is a significant likelihood of the sustained survival of
89	89	the fetus outside the uterus without the application of
90	90	extraordinary medical measures.
91	91	(c) “Least restrictive means” means in a manner that
92	92	restricts or infringes upon the autonomous decision-making
93	93	of an individual to the slightest degree possible while
94	94	furthering a compelling state interest.
95	95
96	96	– 3 –
97	97
98	98
99	99	- 82nd Session (2023)
100	100	And be it further
101	101	RESOLVED, That this resolution becomes effective upon
102	102	passage.
103	103
104	104	20 ~~~~~ 23
105	105