HJR1Introduced in the House of Delegates
Constitutional amendment (second reference); fundamental right to reproductive freedom.
Introduced by Charniele Herring, District 4
What does this bill do?
Plain-English breakdown
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Official description
Constitutional amendment (second reference); fundamental right to reproductive freedom. Provides that every individual has the fundamental right to reproductive freedom and that such right shall not be, directly or indirectly, denied, burdened, or infringed upon unless justified by a compelling state interest, as defined in the amendment, and achieved by the least restrictive means. The amendment specifies that, notwithstanding the other provisions of the amendment, 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.
Where it stands
Acts of Assembly Chapter text (CHAP0973)
April 13, 2026
How did lawmakers vote?
House of Delegates votes
2 recorded votes · each counted separately
Senate votes
4 recorded votes · each counted separately
SenateStage: Passed Senate · January 16, 2026
21
Yes
18
No
1
Absent or Not Voting
40 senators recorded in this Senate vote. Colors show vote categories only, not whether a vote was good or bad.
See how each senator voted
| Senator | District | Vote |
|---|---|---|
| Timmy French | 1 | No |
| Mark Obenshain | 2 | No |
| Chris Head | 3 | No |
| David Suetterlein | 4 | No |
| Travis Hackworth | 5 | No |
| Todd Pillion | 6 | Absent |
| William Stanley | 7 | No |
| Mark Peake | 8 | No |
| Tammy Brankley Mulchi | 9 | No |
| Luther Cifers | 10 | No |
Bill history
Prefiled and ordered printed; Offered 01-14-2026 26101606D
Referred to Committee on Privileges and Elections
Reported from Privileges and Elections (15-Y 7-N)
Taken up
Engrossed by House
Agreed to by House (64-Y 34-N 0-A)
Referred to Committee on Privileges and Elections
Reported from Privileges and Elections (8-Y 5-N)
Read second time
Read third time
Floor offered Senator Durant, Tara A. Amendment
Reading of amendment waived (Voice Vote)
Senator Durant Amendment rejected (18-Y 21-N 0-A)
Floor offered Senator Jordan, Emily M. Amendment
Reading of amendment waived (Voice Vote)
Senator Jordan Amendment rejected (18-Y 21-N 0-A)
Passed Senate
Agreed to by Senate
Bill text as passed House and Senate (HJ1ER)
Signed by President
Signed by Speaker
Assigned Chapter 973 (Effective 7/1/2026)
Acts of Assembly Chapter text (CHAP0973)
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