VirginiaHJ12026 Regular SessionHouseWALLET

Constitutional amendment (second reference); fundamental right to reproductive freedom.

Sponsored By: Charniele L. Herring (Democratic)

Became Law

Summary

Constitutional amendment (second reference); fundamental right to reproductive freedom. Provides that every individual has the fundamental right to reproductive freedom and that such right shall not be, directly or indirectly, denied, burdened, or infringed upon unless justified by a compelling state interest, as defined in the amendment, and achieved by the least restrictive means. The amendment specifies that, notwithstanding the other provisions of the amendment, the Commonwealth may regulate the provision of abortion care in the third trimester, provided that in no circumstance shall the Commonwealth prohibit an abortion (i) that in the professional judgment of a physician is medically indicated to protect the life or physical or mental health of the pregnant individual or (ii) when in the professional judgment of a physician the fetus is not viable.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 3 benefits, 0 costs, 1 mixed.

Constitutional right to reproductive care

You have a constitutional right to make reproductive health decisions. It covers prenatal care, childbirth, postpartum care, contraception, abortion, miscarriage care, and fertility care. This section is self-executing, so you and courts can rely on it now.

No punishment for pregnancy outcomes or helpers

Virginia cannot penalize or prosecute you for exercising this right or for your pregnancy outcomes, including miscarriage, stillbirth, or abortion. The state also cannot punish anyone who helps you exercise this right when your consent is voluntary. These protections block criminal and administrative penalties tied to those outcomes or help.

Strong limits on state interference in reproductive care

Virginia cannot deny, burden, or infringe this right unless it proves a compelling interest and uses the least restrictive way. A state interest is compelling only to maintain or improve the patient’s health. It must match accepted clinical standards and evidence-based medicine. It cannot override the patient’s autonomous choice. The state must protect and enforce this right without discrimination.

Third-trimester abortion rules and exceptions

Virginia may regulate abortion care in the third trimester. But it cannot ban an abortion if a physician judges it medically needed to protect the patient’s life. The same applies when needed to protect the patient’s physical or mental health. It also cannot ban an abortion when the physician judges the fetus is not viable.

Sponsors & Cosponsors

Sponsor

  • Charniele L. Herring

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 144 • No: 106

Senate vote 1/16/2026

Passed Senate

Yes: 21 • No: 18

Senate vote 1/16/2026

Senator Durant Amendment rejected

Yes: 18 • No: 21

Senate vote 1/16/2026

Reading of amendment waived (Voice Vote)

Yes: 0 • No: 0

Senate vote 1/16/2026

Senator Jordan Amendment rejected

Yes: 18 • No: 21

Senate vote 1/16/2026

Reading of amendment waived (Voice Vote)

Yes: 0 • No: 0

House vote 1/14/2026

Agreed to by House

Yes: 64 • No: 34

Senate vote 1/14/2026

Reported from Privileges and Elections

Yes: 8 • No: 5

House vote 1/14/2026

Reported from Privileges and Elections

Yes: 15 • No: 7

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0973)

    4/13/2026Governor
  2. Assigned Chapter 973 (Effective 7/1/2026)

    4/13/2026House
  3. Signed by Speaker

    3/31/2026House
  4. Bill text as passed House and Senate (HJ1ER)

    3/30/2026House
  5. Signed by President

    3/30/2026Senate
  6. Floor offered

    1/16/2026Senate
  7. Floor offered

    1/16/2026Senate
  8. Passed Senate

    1/16/2026Senate
  9. Senator Jordan Amendment rejected (18-Y 21-N 0-A)

    1/16/2026Senate
  10. Reading of amendment waived (Voice Vote)

    1/16/2026Senate
  11. Senator Durant Amendment rejected (18-Y 21-N 0-A)

    1/16/2026Senate
  12. Reading of amendment waived (Voice Vote)

    1/16/2026Senate
  13. Agreed to by Senate

    1/16/2026Senate
  14. Read third time

    1/16/2026Senate
  15. Read second time

    1/15/2026Senate
  16. Agreed to by House (64-Y 34-N 0-A)

    1/14/2026House
  17. Engrossed by House

    1/14/2026House
  18. Taken up

    1/14/2026House
  19. Reported from Privileges and Elections (15-Y 7-N)

    1/14/2026House
  20. Referred to Committee on Privileges and Elections

    1/14/2026Senate
  21. Reported from Privileges and Elections (8-Y 5-N)

    1/14/2026Senate
  22. Referred to Committee on Privileges and Elections

    11/17/2025House
  23. Prefiled and ordered printed; Offered 01-14-2026 26101606D

    11/17/2025House

Bill Text

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