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Virginia · 2026 Regular Session

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

Direction

Abortion ballot constitutionalAI label

Expands abortion access model 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

Abortion bans gestational limitsAI label

Expands abortion access model 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

Abortion exceptionsAI label

Expands abortion access model 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

Abortion travel interstate shieldAI label

Expands abortion access model 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

Abortion provider clinic regulationAI label

Expands abortion access model 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

  1. Filed (completed)
  2. Committee (completed)
  3. Passed one chamber (completed)
  4. Passed both (completed)
  5. Governor (completed)
  6. Law

Stage: Law · step 6 of 6

Last action
2026-02-17: Fiscal Impact Statement from Department of Planning and Budget (SB449)
Filed
2026-01-13
Sponsor
Jennifer Boysko D

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

Hearings and calendar

Votes

DateChamberMotionYea-Nay
2026-01-20SReported from Privileges and Elections (15-Y 0-N)15-0Passed
2026-01-22SConstitutional reading dispensed Block Vote (on 1st reading) (39-Y 0-N 0-A)39-0Passed
2026-01-26SRead third time and passed Senate (21-Y 17-N 0-A)21-17Passed
2026-01-30HReported from Privileges and Elections (15-Y 7-N)15-7Passed
2026-02-02HPassed House (62-Y 35-N 0-A)62-35Passed
2026-02-02HPassed House (64-Y 35-N 0-A)64-35Passed

Sponsors

Text versions

History (30 actions)
DateChamberAction
2026-02-17SFiscal Impact Statement from Department of Planning and Budget (SB449)
2026-02-06Acts of Assembly Chapter text (CHAP0003)
2026-02-06Acts of Assembly Chapter text (CHAP0003)
2026-02-06Approved by Governor-Chapter 3 (effective July 1, 2026 )
2026-02-04Governor's Action Deadline 11:59 p.m., February 11, 2026
2026-02-04SEnrolled Bill communicated to Governor on February 04, 2026
2026-02-04SFiscal Impact Statement from Department of Planning and Budget (SB449)
2026-02-04SSigned by President
2026-02-04HSigned by Speaker
2026-02-04SBill text as passed Senate and House (SB449ER)
2026-02-04SEnrolled
2026-02-02HPassed House (64-Y 35-N 0-A)
2026-02-02HReconsideration of passage agreed to by House
2026-02-02HPassed House (62-Y 35-N 0-A)
2026-02-02HRead third time
2026-01-30HRead second time
2026-01-30HReported from Privileges and Elections (15-Y 7-N)
2026-01-29HReferred to Committee on Privileges and Elections
2026-01-29HRead first time
2026-01-29HPlaced on Calendar
2026-01-26SPassed Senate
2026-01-26SRead third time and passed Senate (21-Y 17-N 0-A)
2026-01-23SEngrossed by Senate (Voice Vote)
2026-01-23SRead second time
2026-01-22SPassed by for the day Block Vote (Voice Vote)
2026-01-22SConstitutional reading dispensed Block Vote (on 1st reading) (39-Y 0-N 0-A)
2026-01-22SRead first time
2026-01-20SReported from Privileges and Elections (8-Y 7-N)
2026-01-13SReferred to Committee on Privileges and Elections
2026-01-13SPrefiled and ordered printed; Offered 01-14-2026 26101022D