# Virginia HJ1: Constitutional amendment (second reference); fundamental right to reproductive freedom.

Virginia HJ1, Constitutional amendment (second reference); fundamental right to reproductive freedom., is a 2026 Regular Session House bill sponsored by Charniele L. Herring (Democratic); status adopted, last action 2026-04-13 (Acts of Assembly Chapter text (CHAP0973)); PRIA reads it as touching household money (as of 2026-10-12).

- Canonical: https://policyrisk.com/state-bill/VA-HJ1-2026
- As of: 2026-10-12
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Bill: Virginia HJ1
- State: Virginia
- Session: 2026 Regular Session
- Title: Constitutional amendment (second reference); fundamental right to reproductive freedom.
- Status: adopted
- Chamber: House
- Introduced: 2025-11-17
- Last action: 2026-04-13, Acts of Assembly Chapter text (CHAP0973)
- Sponsor: Charniele L. Herring (Democratic)
- Cosponsors: 0
- Touches household money: yes
- Roll calls: 8 (144 yes, 106 no in all)
- Economic provisions PRIA read: 4

## 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.

## Bill overview: provisions PRIA read

- Constitutional right to reproductive care: benefit, high. 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: benefit, high. 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 administrati…
- Strong limits on state interference in reproductive care: benefit, high. 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…
- Third-trimester abortion rules and exceptions: mixed, high. 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 judge…

## Sponsors and cosponsors

- Sponsor: Charniele L. Herring (Democratic), House

## Roll call votes

| Date | Chamber | Motion | Result | Yes | No | Other |
| --- | --- | --- | --- | --- | --- | --- |
| 2026-01-16 | Senate | Passed Senate | pass | 21 | 18 |   |
| 2026-01-16 | Senate | Senator Durant Amendment rejected | fail | 18 | 21 |   |
| 2026-01-16 | Senate | Reading of amendment waived (Voice Vote) | pass | 0 | 0 |   |
| 2026-01-16 | Senate | Senator Jordan Amendment rejected | fail | 18 | 21 |   |
| 2026-01-16 | Senate | Reading of amendment waived (Voice Vote) | pass | 0 | 0 |   |
| 2026-01-14 | House | Agreed to by House | pass | 64 | 34 |   |
| 2026-01-14 | Senate | Reported from Privileges and Elections | pass | 8 | 5 |   |
| 2026-01-14 | House | Reported from Privileges and Elections | pass | 15 | 7 |   |

## Actions (23)

- 2026-04-13: Acts of Assembly Chapter text (CHAP0973) (Governor)
- 2026-04-13: Assigned Chapter 973 (Effective 7/1/2026) (House)
- 2026-03-31: Signed by Speaker (House)
- 2026-03-30: Bill text as passed House and Senate (HJ1ER) (House)
- 2026-03-30: Signed by President (Senate)
- 2026-01-16: Floor offered (Senate)
- 2026-01-16: Floor offered (Senate)
- 2026-01-16: Passed Senate (Senate)
- 2026-01-16: Senator Jordan Amendment rejected (18-Y 21-N 0-A) (Senate)
- 2026-01-16: Reading of amendment waived (Voice Vote) (Senate)
- 2026-01-16: Senator Durant Amendment rejected (18-Y 21-N 0-A) (Senate)
- 2026-01-16: Reading of amendment waived (Voice Vote) (Senate)
- 2026-01-16: Agreed to by Senate (Senate)
- 2026-01-16: Read third time (Senate)
- 2026-01-15: Read second time (Senate)
- 2026-01-14: Agreed to by House (64-Y 34-N 0-A) (House)
- 2026-01-14: Engrossed by House (House)
- 2026-01-14: Taken up (House)
- 2026-01-14: Reported from Privileges and Elections (15-Y 7-N) (House)
- 2026-01-14: Referred to Committee on Privileges and Elections (Senate)
- 2026-01-14: Reported from Privileges and Elections (8-Y 5-N) (Senate)
- 2025-11-17: Referred to Committee on Privileges and Elections (House)
- 2025-11-17: Prefiled and ordered printed; Offered 01-14-2026 26101606D (House)

## Bill text

- Chaptered, 2026-04-13: [HTML](https://lis.blob.core.windows.net/files/1224851.HTML), [PDF](https://lis.blob.core.windows.net/files/1224850.PDF)
- Enrolled, 2026-03-30: [HTML](https://lis.blob.core.windows.net/files/1090199.HTML), [PDF](https://lis.blob.core.windows.net/files/1090198.PDF)
- Amendment, 2026-01-16: [HTML](https://lis.blob.core.windows.net/files/1089425.HTML), [HTML](https://lis.blob.core.windows.net/files/1089479.HTML)
- Introduced, 2025-11-17: [HTML](https://lis.blob.core.windows.net/files/1081213.HTML), [PDF](https://lis.blob.core.windows.net/files/1081212.PDF)

## Related bills

- HB5: Employment; paid sick leave, civil penalties. (signed)
- SB199: Employment; paid sick leave, civil penalties. (signed)
- HB95: Va. Residential Landlord and Tenant Act; landlord remedies, noncompliance with rental agreement. (signed)
- HB1393: Electric utilities; pilot program for energy assistance and weatherization for certain individuals. (signed)
- HB834: Virginia Residential Landlord and Tenant Act; fire or casualty damage, termination by landlord. (signed)
- HB675: Protection of employees; coercion or threat based on immigration status, civil penalty. (signed)

## Sources
- [Chaptered (HTML)](https://lis.blob.core.windows.net/files/1224851.HTML)
- [Chaptered (PDF)](https://lis.blob.core.windows.net/files/1224850.PDF)
- [Enrolled (HTML)](https://lis.blob.core.windows.net/files/1090199.HTML)
- [Enrolled (PDF)](https://lis.blob.core.windows.net/files/1090198.PDF)
- [Amendment (HTML)](https://lis.blob.core.windows.net/files/1089425.HTML)
- [Amendment (HTML)](https://lis.blob.core.windows.net/files/1089479.HTML)
- [Introduced (HTML)](https://lis.blob.core.windows.net/files/1081213.HTML)
- [Introduced (PDF)](https://lis.blob.core.windows.net/files/1081212.PDF)

## Related
- [HB5: Employment; paid sick leave, civil penalties.](https://policyrisk.com/state-bill/VA-HB5-2026)
- [SB199: Employment; paid sick leave, civil penalties.](https://policyrisk.com/state-bill/VA-SB199-2026)
- [HB95: Va. Residential Landlord and Tenant Act; landlord remedies, noncompliance with…](https://policyrisk.com/state-bill/VA-HB95-2026)
- [HB1393: Electric utilities; pilot program for energy assistance and weatherization for…](https://policyrisk.com/state-bill/VA-HB1393-2026)
- [HB834: Virginia Residential Landlord and Tenant Act; fire or casualty damage, terminat…](https://policyrisk.com/state-bill/VA-HB834-2026)
- [HB675: Protection of employees; coercion or threat based on immigration status, civil…](https://policyrisk.com/state-bill/VA-HB675-2026)
- [Virginia bills](https://policyrisk.com/states/virginia/bills)
- [Virginia state hub](https://policyrisk.com/states/virginia)
- [All state legislation](https://policyrisk.com/state-bills)

Source: PRIA, https://policyrisk.com/state-bill/VA-HJ1-2026 (as of 2026-10-12).