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Virginia · 2026 Regular Session
SB449Constitutional amendment; fundamental right to reproductive freedom(submitting to qualified voters).
Direction
Abortionballot constitutionalAI label
↑Expands abortion accessmodel confidence 95%
Amends the state constitution to establish a fundamental right to reproductive freedom that includes abortion care, with a high bar for any restrictions and explicit protections against penalties for abortion, so more legal access to abortion.
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
↑Expands abortion accessmodel confidence 80%
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, so less restrictive than a total third-trimester ban.
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%
Requires that any state restriction on abortion must serve a compelling interest achieved by the least restrictive means, and explicitly protects abortions to safeguard life or health and nonviable pregnancies, so broader legal access to abortion.
An individual's right to reproductive freedom shall not be, directly or indirectly, denied, burdened, or infringed upon unless justified by a compelling state interest achieved by the least restrictive means.
✓ Quote verified word for word in the bill text
Abortiontravel interstate shieldAI label
↑Expands abortion accessmodel confidence 75%
Prohibits the Commonwealth from penalizing or prosecuting individuals for aiding or assisting another in exercising reproductive freedom with consent, which would protect those helping with out-of-state abortions, so more legal access to abortion.
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
↑Expands abortion accessmodel confidence 70%
Limits state regulation of abortion care to only what maintains or improves health consistent with clinical standards and evidence-based medicine without infringing autonomous decision making, so fewer restrictions on providers.
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
2026-02-17: Fiscal Impact Statement from Department of Planning and Budget (SB449)
Why the model tagged it this way: The bill proposes a constitutional amendment establishing a broad fundamental right to reproductive freedom that expressly includes abortion care, sets a strict scrutiny standard for any burdens, protects against penalties for individuals and those assisting them, and limits third-trimester regulation while mandating exceptions for health and nonviability; all provisions expand legal access to abortion under the defined axes with no countervailing restrictions.
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
2026-01-20 19:00 · Hearing · Senate Privileges and Elections Hearing Senate Room B, Room 306, General Assembly Building