VirginiaSB4492026 Regular SessionSenateWALLET

Constitutional amendment; fundamental right to reproductive freedom(submitting to qualified voters).

Sponsored By: Jennifer B. Boysko (Democratic)

Became Law

Summary

Constitutional amendment (voter referendum); fundamental right to reproductive freedom. Provides for a referendum at the November 3, 2026, election to approve or reject an amendment to the Constitution of Virginia relating to the right to make one's own decisions related to reproductive health care, including access to abortion. The amendment protects patients and their doctors and nurses from being punished for making such decisions. The amendment allows the state to place restrictions on access to abortion during the third trimester of pregnancy except when the patient's life or physical or mental health is at risk or the pregnancy cannot survive. This bill is identical to HB 781.

Your PRIA Score

Score Hidden

Personalized for You

How does this bill affect your finances?

Sign up for a PRIA Policy Scan to see your personalized alignment score for this bill and every other piece of legislation we track. We analyze your financial profile against policy provisions to show you exactly what matters to your wallet.

Free to start

Bill Overview

Analyzed Economic Effects

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

New constitutional right to reproductive freedom

The Constitution recognizes a fundamental right to reproductive freedom. It covers prenatal care, childbirth, postpartum care, birth control, abortion, miscarriage care, and fertility care. The state may not deny or burden this right unless it meets a compelling health interest and uses the least restrictive means. A state interest is compelling only to protect or improve the health of the person seeking care, in line with evidence-based medicine, and without overriding the person’s choice. The state must protect and enforce this right without discrimination, starting January 1, 2027 if a majority of voters approve the amendment in November 2026.

No punishment for pregnancy outcomes

The state cannot penalize or prosecute you for using reproductive freedom or for outcomes like miscarriage, stillbirth, or abortion. It also cannot punish someone who helps you with your voluntary consent. These protections start January 1, 2027 if a majority of voters approve the amendment in November 2026.

Third-trimester abortion rules and exceptions

Virginia may regulate third-trimester abortion, but it cannot ban an abortion that a physician judges is needed to protect your life or your physical or mental health. It also cannot ban one when a physician determines the fetus is not viable. These rules start January 1, 2027 if a majority of voters approve the amendment in November 2026.

Voter approval and January 2027 start

Voters decide on this amendment in November 2026. If a majority votes yes, it takes effect January 1, 2027.

Sponsors & Cosponsors

Sponsor

  • Jennifer B. Boysko

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 209 • No: 101

House vote 2/2/2026

Passed House

Yes: 64 • No: 35

House vote 2/2/2026

Passed House

Yes: 62 • No: 35

House vote 1/30/2026

Reported from Privileges and Elections

Yes: 15 • No: 7

Senate vote 1/26/2026

Read third time and passed Senate

Yes: 21 • No: 17

Senate vote 1/23/2026

Engrossed by Senate (Voice Vote)

Yes: 0 • No: 0

Senate vote 1/22/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 1/22/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 39 • No: 0

Senate vote 1/20/2026

Reported from Privileges and Elections

Yes: 8 • No: 7

Actions Timeline

  1. Fiscal Impact Statement from Department of Planning and Budget (SB449)

    2/17/2026Senate
  2. Acts of Assembly Chapter text (CHAP0003)

    2/6/2026Governor
  3. Approved by Governor-Chapter 3 (effective July 1, 2026 )

    2/6/2026Governor
  4. Fiscal Impact Statement from Department of Planning and Budget (SB449)

    2/4/2026Senate
  5. Bill text as passed Senate and House (SB449ER)

    2/4/2026Senate
  6. Enrolled

    2/4/2026Senate
  7. Governor's Action Deadline 11:59 p.m., February 11, 2026

    2/4/2026Governor
  8. Enrolled Bill communicated to Governor on February 04, 2026

    2/4/2026Senate
  9. Signed by President

    2/4/2026Senate
  10. Signed by Speaker

    2/4/2026House
  11. Passed House (64-Y 35-N 0-A)

    2/2/2026House
  12. Reconsideration of passage agreed to by House

    2/2/2026House
  13. Passed House (62-Y 35-N 0-A)

    2/2/2026House
  14. Read third time

    2/2/2026House
  15. Read second time

    1/30/2026House
  16. Reported from Privileges and Elections (15-Y 7-N)

    1/30/2026House
  17. Referred to Committee on Privileges and Elections

    1/29/2026House
  18. Read first time

    1/29/2026House
  19. Placed on Calendar

    1/29/2026House
  20. Read third time and passed Senate (21-Y 17-N 0-A)

    1/26/2026Senate
  21. Passed Senate

    1/26/2026Senate
  22. Engrossed by Senate (Voice Vote)

    1/23/2026Senate
  23. Read second time

    1/23/2026Senate
  24. Passed by for the day Block Vote (Voice Vote)

    1/22/2026Senate
  25. Constitutional reading dispensed Block Vote (on 1st reading) (39-Y 0-N 0-A)

    1/22/2026Senate

Bill Text

Related Bills

Back to State Legislation