This resolution proposes an amendment to the Constitution of the state, to be voted on by the qualified electors, which would grant a criminal defendant the explicit right to argue for jury nullification. Jury nullification occurs when jurors acquit a defendant, not because they believe the defendant is innocent, but because they feel that the law itself is unjust, morally wrong, outdated, or unconstitutional. The amendment would be effective from January 1, 2025, and would allow defendants to suggest that jurors should consider these factors in addition to the facts of the case when deliberating.

The resolution further outlines the process for submitting the proposed amendment to the electorate for approval or rejection at the next statewide general election. It mandates that the Secretary of State publish the amendment proposition in state newspapers prior to the election and that it be included in the notices for elector meetings. These meetings, where the proposition will be read and voted upon, are to be conducted in the same manner as those for the election of general officers of the state. The legislative council provides an explanation that this joint resolution aims to allow jury nullification to be used as a proper defense argument in criminal trials.