Delaware 153rd General Assembly (2025-2026) Status: Passed Senate Bipartisan · 18 D · 1 R cosponsors

SB 5 — AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO THE RIGHT TO REPRODUCTIVE FREEDOM.

Last action — Reported Out of Committee (Administration) in House with 3 On Its Merits

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill has passed the Senate. Introduced March 06, 2025. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the House.

Prognosis

Likely to advance 74% · high confidence

Where this bill stands today.

Odds of enactment

Moderate

How often bills like it became law.

  • Passed Senate

    Current position in the legislative process.

  • 21 sponsors

    21 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (18 D · 1 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Like Senate Bill No. 5, this Act is the first leg of an amendment to the Delaware Constitution to ensure that every Delawarean is afforded reproductive freedom. This Act differs from Senate Bill No. 5 by making the following clarifications: (1) That an individual has a fundamental right to reproductive freedom relating to that individual’s pregnancy. (2) That the standard of medical judgment is a “good-faith medical judgment” rather than a “professional judgment”. (3) That the health care professional making the good-faith medical judgment is the “treating attending health care professional” rather than the “attending health care professional”. Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution.

Bill Text

Action History

  1. Reported Out of Committee (Administration) in House with 3 On Its Merits

  2. Assigned to Administration Committee in House

  3. Passed By Senate. Votes: 15 YES 6 NO

  4. Amendment SA 2 to SS 1 - Defeated By Senate. Votes: 7 YES 14 NO

  5. Amendment SA 1 to SS 1 - Defeated By Senate. Votes: 6 YES 15 NO

  6. Amendment SA 2 to SS 1 - Introduced and Placed With Bill

  7. Amendment SA 1 to SS 1 - Introduced and Placed With Bill

  8. Reported Out of Committee (Health & Social Services) in Senate with 5 Favorable, 1 On Its Merits

  9. Adopted in lieu of the original bill SB 5, and Assigned to Health & Social Services Committee in Senate

Sponsors

Sponsorship breakdown

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21 sponsors · 0 co-sponsors · 41 not signed on · 5 voted No

Sponsors (21)

Co-sponsors (0)

None.

Not signed on (41)

41 members have not signed on to this bill.

Show all 41 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

2/3

Passed 15 Yea · 6 Nay
Party YeaNayPresentNot Voting
Democratic 15000
Republican 0600
Total 15600
% of votes cast 71%29%0%0%
How each member voted (21)
Member Party Vote
Bryan Townsend Democratic Yea
Daniel Cruce Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Kyra L. Hoffner Democratic Yea
Laura V. Sturgeon Democratic Yea
Marie Pinkney Democratic Yea
Nicole Poore Democratic Yea
Ray Seigfried Democratic Yea
Russell Huxtable Democratic Yea
S. Elizabeth Lockman Democratic Yea
Spiros Mantzavinos Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Nay
Bryant L. Richardson Republican Nay
Dave G. Lawson Republican Nay
David L. Wilson Republican Nay
Eric Buckson Republican Nay
Gerald W. Hocker Republican Nay

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 5 do?
Like Senate Bill No. 5, this Act is the first leg of an amendment to the Delaware Constitution to ensure that every Delawarean is afforded reproductive freedom. This Act differs from Senate Bill No. 5 by making the following clarifications: (1) That an individual has a fundamental right to reproductive freedom relating to that individual’s pregnancy. (2) That the standard of medical judgment is a “good-faith medical judgment” rather than a “professional judgment”. (3) That the health care professional making the good-faith medical judgment is the “treating attending health care professional” rather than the “attending health care professional”. Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution.
Who sponsors SB 5?
SB 5 is sponsored by Cyndie Romer (Democratic), David L. Wilson (Republican), Edward S. Osienski (Democratic), Spiros Mantzavinos (Democratic), Kerri Evelyn Harris (Democratic), Mara Gorman (Democratic), John "Jack" Walsh (Democratic), Laura V. Sturgeon (Democratic), David P. Sokola (Democratic), Claire Snyder-Hall (Democratic), Melanie Ross Levin, Eric Morrison (Democratic), William Bush (Democratic), Nicole Poore (Democratic), Ray Seigfried (Democratic), Russell Huxtable (Democratic), Trey Paradee (Democratic), Marie Pinkney (Democratic), Josue O Ortega (Democratic), Bryan Townsend (Democratic), and Sarah McBride.
What is the current status of SB 5?
This bill has passed the Senate. Introduced March 06, 2025. It now moves to the second chamber.
Where can I track SB 5?
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