SJR 7 — Proposes to amend the Nevada Constitution to establish certain rights relating to reproductive health. (BDR C-864)

(ReprintedSenate withJoint amendmentsResolution adoptedNo. on April 17, 2023) FIRST REPRINT S.J.R.

77–Senators SENATECannizzaro, JOINTLange, RScheible, ESOLUTIONSpearman, NO.Nguyen;

7–SENATORSDaly, CANNIZZARODonate, ,Dondero LLoop, ANGE,Flores, SCHEIBL,D. SPEARMAN , GUYEN ;

DALY,Harris, DONATE,Ohrenschall Dand ONDEROPazina LJoint OOP,Sponsors: LORES, D.

HARRI,Assemblymen OHRENSCHALLJauregui, ANDCohen, PBackus, AZINAMarzola, MARCHGorelow; 16, 2023 ____________ JOINT SPONSORS:

AAnderson, SSEMBLYMENBilbray-Axelrod, JAUREGUI,Brown-May, COHENCarter, ,Considine, BACKUSD’Silva, ,Duran, MGonzález, ARZOLALa ,Rue GORELOWHatch, ;Brittney Miller, C.H.

AMiller, NDERSON,Monroe-Moreno, BMosca, ILBRAY-AXELROD,Newby, BNguyen, ROWNOrentlicher, -MAYPeters, ,Summers-Armstrong, CARTER,Taylor, CThomas, ONSIDIN,Torres, D’SWatts ILV,and DYeager URAN,FILE GNUMBER.......... ONZÁLEZ, LA RUE HATCH , BRITTNEY M ILLE, C.H.

M ILLER, MONROE -MORENO , MOSCA , NEWBY , NGUYEN , O RENTLICHER, PETERS, UMMERS -ARMSTRONG , TAYLOR, T HOMAS , ORRES, WATTS ANDY EAGER ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Proposes to amend the Nevada Constitution to establish certain rights relating to reproductive health.

(BDR C-864) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Article 1 of the Nevada Constitution sets forth certain inalienable rights of an individual.

1) This joint resolution proposes to amend the Nevada individualConstitution inby thisadding State a fundamentalnew rightsection to reproductiveArticle freedom;1 which:

(1) guarantees each individual in this State a fundamental right to reproductive freedom;

and (3) prevents the State from penalizing, prosecuting or taking any other adverse action against an individual or entity for exercising the right to reproductive freedom or for aiding or assisting another individual in exercising his or her right to reproductive freedom.

-or *SJR7_R1*assisting –another 2individual –in exercising his or her right to If this resolution is passed by the 2023 Legislature, it must also be passed by the next Legislature and then approved by the voters in an election before the proposed amendment to the Nevada Constitution becomes effective.

REXPLANATION ESOLVED– BYMatter THEin Sbolded ENATEitalics ANDis ASSEMBLYnew; OF THE STATE OF N EVADA , OINTLY , That a new section, designated Section 25, be added to Article 1 of the Nevada Constitution to read as follows:

matter between brackets [omitted material] is material to be omitted.

R ESOLVED BY THE SENATE AND A SSEMBLY OF THE S TATE OF N EVADA , JOINTLY , That a new section, designated Section 25, be added to Article 1 of the Nevada Constitution to read as follows:

- 82nd Session (2023) – 2 – 2.

Notwithstanding the provisions of subsection 1, the State may regulate the provision of abortion care after fetal viability, provided that in no circumstance may the State prohibit an abortion that, in the professional judgment of an attending provider of health care, is medically indicated to protect the life or physical or mental health of the pregnant individual.

- *SJR7_R1* – 3 – (a) “Compelling state interest” means an interest which is limited exclusively to the State’s interest in protecting the health of an individual who is seeking reproductive health care that is consistent with accepted clinical standards of pra(b)practice. “Fetal viability” means the point in a pregnancy when, in the professional judgment of an attending provider of health care and based on the particular facts of the case, there is a significant likelihood of the sustained survival of the fetus outside the uterus without the application of extraordinary medical measures.

(b) “Fetal viability” means the point in a pregnancy when, in the professional judgment of an attending provider of health care and based on the particular facts of the case, there is a significant likelihood of the sustained survival of the fetus outside the uterus without the application of extraordinary medical measures.

- 82nd Session (2023) – 3 – And be it further R ESOLVED , That this resolution becomes effective upon passage.

H~~~~~ 23 - *SJR7_R1*82nd Session (2023)