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 TLSB 5583XS (6) 90 pf/ko

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 -1- LSB 5583XS (6) 90 pf/ko 1/ 2

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 -2- LSB 5583XS (6) 90 pf/ko 2/ 2