SJR 1 (LSB 1187XS (3) 91)

SENATE JOINT RESOLUTION 1

BY  PETERSEN, BISIGNANO, BLAKE, WINCKLER, STAED, CELSI, DONAHUE, DOTZLER, TOWNSEND, WAHLS, BENNETT, and WEINER

SENATE JOINT RESOLUTION

A Joint Resolution proposing an amendment to the Constitution of the State of Iowa relating to the right to reproductive care.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  The following amendment to the Constitution of the State of Iowa is proposed:
   Article I of the Constitution of the State of Iowa is amended by adding the following new section:
   Sec. 26.  Right to reproductive care.
   1.  The state shall not deny or interfere with an individual’s reproductive freedom and an individual’s most private decisions concerning reproductive freedom shall not be infringed. Reproductive freedom includes but is not limited to prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care. The sovereign state of Iowa affirms and recognizes the right to reproductive freedom to be a fundamental individual right.
   2.  An individual’s right to reproductive freedom shall not be denied, burdened, or infringed upon unless justified by a compelling state interest achieved by the least restrictive means. Notwithstanding the provisions of this subsection, the state may regulate the provision of abortion care after fetal viability, provided that under no circumstance shall the state prohibit an abortion that, in the professional judgment of an attending health care professional, is medically indicated to protect the life or physical or mental health of the pregnant individual. For the purposes of this subsection, “fetal viability” means the point in pregnancy when, in the professional judgment of an attending health care professional and based on the particular facts of the case, there is a significant likelihood of sustained survival of the fetus outside the uterus without the application of extraordinary medical measures.
    Sec. 2.
  REFERRAL AND PUBLICATION.
  The foregoing proposed amendment to the Constitution of the State of Iowa is referred to the general assembly to be chosen at the next general election for members of the general assembly, and shall be published as provided by law for three consecutive months previous to the date of that election.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This joint resolution proposes an amendment to the Constitution of the State of Iowa relating to the right to reproductive care specifying:
   1. The state shall not deny or interfere with an individual’s reproductive freedom and an individual’s most private decisions concerning reproductive freedom shall not be infringed. Reproductive freedom includes but is not limited to prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care. The sovereign state of Iowa affirms and recognizes the right to reproductive freedom to be a fundamental individual right.
   2. An individual’s right to reproductive freedom shall not be denied, burdened, or infringed upon unless justified by a compelling state interest achieved by the least restrictive means. Notwithstanding the provisions of this subsection, the state may regulate the provision of abortion care after fetal viability, provided that under no circumstance shall the state prohibit an abortion that, in the professional judgment of an attending health care professional, is medically indicated to protect the life or physical or mental health of the pregnant individual. “Fetal viability” is defined as the point in pregnancy when, in the professional judgment of an attending health care professional and based on the particular facts of the case, there is a significant likelihood of sustained survival of the fetus outside the uterus without the application of extraordinary medical measures.
   The joint resolution, if adopted, would be published and then referred to the next general assembly (92nd) for adoption, before being submitted to the electorate for ratification.