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
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
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
Where this bill stands today.
Odds of enactment
ModerateHow often bills like it became law.
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Passed Senate
Current position in the legislative process.
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21 sponsors
21 primary, 0 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (18 D · 1 R) — cross-party backing.
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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
- Bill Text View text Current pdf
Action History
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Reported Out of Committee (Administration) in House with 3 On Its Merits
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Assigned to Administration Committee in House
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Passed By Senate. Votes: 15 YES 6 NO
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Amendment SA 2 to SS 1 - Defeated By Senate. Votes: 7 YES 14 NO
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Amendment SA 1 to SS 1 - Defeated By Senate. Votes: 6 YES 15 NO
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Amendment SA 2 to SS 1 - Introduced and Placed With Bill
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Amendment SA 1 to SS 1 - Introduced and Placed With Bill
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Reported Out of Committee (Health & Social Services) in Senate with 5 Favorable, 1 On Its Merits
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Adopted in lieu of the original bill SB 5, and Assigned to Health & Social Services Committee in Senate
Sponsors
- Cyndie Romer · Primary
- David L. Wilson · Primary
- Edward S. Osienski · Primary
- Spiros Mantzavinos · Primary
- Kerri Evelyn Harris · Primary
- Mara Gorman · Primary
- John "Jack" Walsh · Primary
- Laura V. Sturgeon · Primary
- David P. Sokola · Primary
- Claire Snyder-Hall · Primary
- Melanie Ross Levin · Primary
- Eric Morrison · Primary
- William Bush · Primary
- Nicole Poore · Primary
- Ray Seigfried · Primary
- Russell Huxtable · Primary
- Trey Paradee · Primary
- Marie Pinkney · Primary
- Josue O Ortega · Primary
- Bryan Townsend · Primary
- Sarah McBride · Primary
Sponsorship breakdown
Export CSV (upgrade) →21 sponsors · 0 co-sponsors · 41 not signed on · 5 voted No
Sponsors (21)
- Cyndie Romer Democratic
- David L. Wilson Republican Voted No
- 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
- Sarah McBride
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 15 | 0 | 0 | 0 |
| Republican | 0 | 6 | 0 | 0 |
| Total | 15 | 6 | 0 | 0 |
| % 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 |
Subjects
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?
- Track SB 5 free on One Click Politics — get push/email alerts when it moves.
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