HJR1008
An Amendment To The Arkansas Constitution To Create The Protect Arkansas Healthcare Amendment.
Last Action (May 1, 2023): Died in House Committee at Sine Die Adjournment
Sponsors
AI-Generated Summary
House Joint Resolution 1008 proposes a constitutional amendment to establish a fundamental right to reproductive freedom in the Arkansas Constitution. The amendment covers a range of medical services, including prenatal care, contraception, abortion care, and infertility treatments. It limits the state's ability to interfere with these rights unless it can demonstrate a compelling interest achieved through the least restrictive means. The bill allows for the regulation of abortion after fetal viability, but mandates exceptions to protect the life or physical and mental health of the pregnant individual. It also explicitly prevents the state from penalizing or prosecuting individuals for pregnancy outcomes or those who assist others in exercising these reproductive rights. Furthermore, the resolution repeals Section 2 of Amendment 68, which currently declares a state policy of protecting unborn life from conception. The amendment is proposed to be self-executing and would take effect on January 1, 2025, if approved by voters at a general election.
Potential Impact Analysis
Who Might Benefit?
The primary beneficiaries include individuals seeking reproductive healthcare services, such as abortion, contraception, and infertility treatments, who gain a constitutional protection for these decisions. Additionally, healthcare providers and those assisting individuals in accessing these services would benefit from protections against criminal or civil penalties related to pregnancy outcomes.
Who Might Suffer?
Groups and entities that would be most negatively impacted include organizations and individuals who advocate for the legal protection of fetal life from conception, as the bill specifically repeals existing state constitutional language dedicated to that purpose. Additionally, lawmakers and state regulators who favor stricter limitations on abortion and reproductive services would see their regulatory authority restricted by the new constitutional standard.
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