Senate
Joint
Resolution
2001
-
Introduced
SENATE
JOINT
RESOLUTION
2001
BY
PETERSEN
,
DONAHUE
,
BOULTON
,
TRONE
GARRIOTT
,
WINCKLER
,
JOCHUM
,
T.
TAYLOR
,
GIDDENS
,
WEINER
,
CELSI
,
DOTZLER
,
BISIGNANO
,
KNOX
,
BENNETT
,
WAHLS
,
and
QUIRMBACH
SENA
TE
JOINT
RESOLUTION
A
Joint
Resolution
proposing
an
amendment
to
the
Constitution
1
of
the
State
of
Iowa
relating
to
the
right
to
reproductive
2
care.
3
BE
IT
RESOLVED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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S.J.R.
2001
Section
1.
The
following
amendment
to
the
Constitution
of
1
the
State
of
Iowa
is
proposed:
2
Article
I
of
the
Constitution
of
the
State
of
Iowa
is
amended
3
by
adding
the
following
new
section:
4
Sec.
26.
Right
to
reproductive
care.
5
1.
The
state
shall
not
deny
or
interfere
with
an
6
individual’s
reproductive
freedom
and
an
individual’s
most
7
private
decisions
concerning
reproductive
freedom
shall
not
be
8
infringed.
Reproductive
freedom
includes
but
is
not
limited
9
to
prenatal
care,
childbirth,
postpartum
care,
contraception,
10
sterilization,
abortion
care,
miscarriage
management,
and
11
infertility
care.
The
sovereign
state
of
Iowa
affirms
12
and
recognizes
the
right
to
reproductive
freedom
to
be
a
13
fundamental
individual
right.
14
2.
An
individual’s
right
to
reproductive
freedom
shall
not
15
be
denied,
burdened,
or
infringed
upon
unless
justified
by
a
16
compelling
state
interest
achieved
by
the
least
restrictive
17
means.
Notwithstanding
the
provisions
of
this
subsection,
18
the
state
may
regulate
the
provision
of
abortion
care
after
19
fetal
viability,
provided
that
under
no
circumstance
shall
20
the
state
prohibit
an
abortion
that,
in
the
professional
21
judgment
of
an
attending
health
care
professional,
is
medically
22
indicated
to
protect
the
life
or
physical
or
mental
health
of
23
the
pregnant
individual.
For
the
purposes
of
this
subsection,
24
“fetal
viability”
means
the
point
in
pregnancy
when,
in
the
25
professional
judgment
of
an
attending
health
care
professional
26
and
based
on
the
particular
facts
of
the
case,
there
is
a
27
significant
likelihood
of
sustained
survival
of
the
fetus
28
outside
the
uterus
without
the
application
of
extraordinary
29
medical
measures.
30
Sec.
2.
REFERRAL
AND
PUBLICATION.
The
foregoing
proposed
31
amendment
to
the
Constitution
of
the
State
of
Iowa
is
referred
32
to
the
general
assembly
to
be
chosen
at
the
next
general
33
election
for
members
of
the
general
assembly,
and
shall
be
34
published
as
provided
by
law
for
three
consecutive
months
35
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S.J.R.
2001
previous
to
the
date
of
that
election.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
This
joint
resolution
proposes
an
amendment
to
the
5
Constitution
of
the
State
of
Iowa
relating
to
the
right
to
6
reproductive
care
specifying:
7
1.
The
state
shall
not
deny
or
interfere
with
an
8
individual’s
reproductive
freedom
and
an
individual’s
most
9
private
decisions
concerning
reproductive
freedom
shall
not
be
10
infringed.
Reproductive
freedom
includes
but
is
not
limited
11
to
prenatal
care,
childbirth,
postpartum
care,
contraception,
12
sterilization,
abortion
care,
miscarriage
management,
and
13
infertility
care.
The
sovereign
state
of
Iowa
affirms
14
and
recognizes
the
right
to
reproductive
freedom
to
be
a
15
fundamental
individual
right.
16
2.
An
individual’s
right
to
reproductive
freedom
shall
not
17
be
denied,
burdened,
or
infringed
upon
unless
justified
by
a
18
compelling
state
interest
achieved
by
the
least
restrictive
19
means.
Notwithstanding
the
provisions
of
this
subsection,
20
the
state
may
regulate
the
provision
of
abortion
care
after
21
fetal
viability,
provided
that
under
no
circumstance
shall
22
the
state
prohibit
an
abortion
that,
in
the
professional
23
judgment
of
an
attending
health
care
professional,
is
medically
24
indicated
to
protect
the
life
or
physical
or
mental
health
of
25
the
pregnant
individual.
“Fetal
viability”
is
defined
as
the
26
point
in
pregnancy
when,
in
the
professional
judgment
of
an
27
attending
health
care
professional
and
based
on
the
particular
28
facts
of
the
case,
there
is
a
significant
likelihood
of
29
sustained
survival
of
the
fetus
outside
the
uterus
without
the
30
application
of
extraordinary
medical
measures.
31
The
joint
resolution,
if
adopted,
would
be
published
and
32
then
referred
to
the
next
general
assembly
(91st)
for
adoption,
33
before
being
submitted
to
the
electorate
for
ratification.
34
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