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Virginia · 2026 Regular Session
HB781Constitutional amendment; fundamental right to reproductive freedom(submitting to qualified voters).
Direction
Abortionballot constitutionalAI label
↑Expands abortion accessmodel confidence 95%
Amends the state constitution to enshrine a fundamental right to reproductive freedom that includes abortion care, with limits only in the third trimester except for health or nonviability, making broader legal access to abortion more likely and harder to restrict by statute.
That every individual has the fundamental right to reproductive freedom, including the ability to make and carry out decisions relating to one's own prenatal care, childbirth, postpartum care, contraception, abortion care, miscarriage management, and fertility care.
✓ Quote verified word for word in the bill text
Abortionbans gestational limitsAI label
↓Restricts abortion accessmodel confidence 90%
Allows the Commonwealth to regulate abortion care in the third trimester but prohibits bans when a physician judges it necessary to protect the pregnant individual's life or health or when the fetus is not viable, making gestational limits on abortion less likely.
Notwithstanding the above, 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.
✓ Quote verified word for word in the bill text
AbortionexceptionsAI label
↑Expands abortion accessmodel confidence 85%
Constitutionalizes exceptions to any third-trimester regulation for cases where abortion is needed to protect life or physical/mental health or when the fetus is not viable, making such exceptions more likely to be protected.
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.
✓ Quote verified word for word in the bill text
Abortiontravel interstate shieldAI label
↑Expands abortion accessmodel confidence 80%
Prohibits the Commonwealth from penalizing or prosecuting individuals for aiding or assisting another in exercising reproductive freedom (including abortion) with consent, making interstate travel for abortion and assistance more protected from state adverse action.
The Commonwealth shall not penalize, prosecute, or otherwise take adverse action against any individual for aiding or assisting another individual in exercising such other individual's right to reproductive freedom with such other individual's voluntary consent.
✓ Quote verified word for word in the bill text
Abortionprovider clinic regulationAI label
↓Restricts abortion accessmodel confidence 75%
Limits state regulation of abortion care to only what is justified by a compelling interest for maintaining or improving health consistent with clinical standards and without infringing autonomous decision-making, making broader provider or clinic regulations less likely.
For the purposes of this section, a state interest is compelling only if it is for the limited purpose of maintaining or improving the health of an individual seeking care, consistent with accepted clinical standards of care and evidence-based medicine, and does not infringe on that individual's autonomous decision making.
✓ Quote verified word for word in the bill text
Filed (completed)
Committee (completed)
Passed one chamber (completed)
Passed both (completed)
Governor (completed)
Law
Stage: Law · step 6 of 6
Last action
2026-02-11: Fiscal Impact Statement from Department of Planning and Budget (HB781)
Why the model tagged it this way: The bill proposes a constitutional amendment (to be voted on by citizens) that establishes a fundamental right to reproductive freedom explicitly including abortion care, contraception, miscarriage management, and fertility care; applies strict scrutiny to any burdens; permits third-trimester regulation but with explicit health and viability exceptions; bars penalties on individuals or assistants; and limits compelling state interests to health-based ones per clinical standards. This addresses multiple abortion subtopics with net effects on access as described; no other listed topics are Subst
Related bills
HB1398Fetal and Infant Mortality Review Team; established, definitions, penalty, report.↑Expands abortion access Passed one chamber
SB137Obstructing health care facility; penalties.↓Restricts abortion access Law
HB1398Fetal and Infant Mortality Review Team; established, definitions, penalty, report.↓Restricts abortion access↓Restricts abortion access Died (session ended)
HB542Abortion; informed written consent, newborn safety devices.↓Restricts abortion access Died (session ended)
Hearings and calendar
2026-01-23 09:00 · Hearing · House Privileges and Elections Hearing House Committee Room C - 206