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VA SB449

VA SB449
Constitutional amendment; fundamental right to reproductive freedom(submitting to qualified voters).


summary

Introduced
01/13/2026
In Committee
01/30/2026
Crossed Over
02/02/2026
Passed
02/06/2026
Dead
Signed/Enacted/Adopted
02/06/2026

Introduced Session

2026 Regular Regular Session

Bill 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.

AI Summary

This bill proposes a constitutional amendment to establish a fundamental right to reproductive freedom for every individual in Virginia, which will be voted on by qualified voters in the November 3, 2026, election. If approved, the amendment will protect individuals and their healthcare providers (doctors and nurses) from being penalized for decisions related to reproductive health care, including prenatal care, childbirth, postpartum care, contraception, abortion care, miscarriage management, and fertility care. The amendment allows the state to regulate abortion access during the third trimester of pregnancy, but only if it is justified by a compelling state interest achieved by the least restrictive means, and it explicitly prohibits such restrictions when an abortion is medically indicated to protect the pregnant individual's life or physical or mental health, or when the fetus is not viable. The amendment also prohibits the state from discriminating in the protection or enforcement of this right and from penalizing or prosecuting individuals for exercising their reproductive freedom or for assisting others in doing so with voluntary consent. The amendment is designed to be self-executing, meaning it will take effect automatically if approved by voters, and any invalid parts will not affect the rest of the amendment.

Committee Categories

Government Affairs

Sponsors (1)

Last Action

Fiscal Impact Statement from Department of Planning and Budget (SB449) (on 02/17/2026)

bill text


bill summary

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bill summary

Document Type Source Location
State Bill Page https://lis.virginia.gov/bill-details/20261/SB449
BillText https://lis.virginia.gov/bill-details/20261/SB449/text/CHAP0003
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (SB449) https://lis.blob.core.windows.net/files/1168613.PDF
BillText https://lis.virginia.gov/bill-details/20261/SB449/text/SB449ER
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (SB449) https://lis.blob.core.windows.net/files/1122715.PDF
BillText https://lis.virginia.gov/bill-details/20261/SB449/text/SB449
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