1 STATE OF OKLAHOMA
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2 1st Session of the 58th Legislature (2021)
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3 SENATE JOINT
3 RESOLUTION 17 By: Bullard
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6 AS INTRODUCED
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7 A Joint Resolution directing the Secretary of State
7 to refer to the people for their approval or
8 rejection a proposed amendment to the Oklahoma
8 Constitution by adding a new Section 2A to Article
9 II; equating the rights of unborn persons to those of
9 born persons; providing findings; defining term;
10 providing certain interpretation and construction;
10 prohibiting performance of abortion; providing
11 exception; providing penalty; prohibiting certain
11 involuntary tracking or monitoring; precluding
12 certain cause of action; providing ballot title; and
12 directing filing.
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15 BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE
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16 1ST SESSION OF THE 58TH OKLAHOMA LEGISLATURE:
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17 SECTION 1. The Secretary of State shall refer to the people for
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18 their approval or rejection, as and in the manner provided by law,
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19 the following proposed amendment to the Oklahoma Constitution by
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20 adding a new Section 2A to Article II to read as follows:
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21 Section 2A. A. It being necessary for the liberty of free
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22 persons, the rights of unborn persons shall be equal to the rights
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23 of born persons. The State of Oklahoma finds that:
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24 1. The life of each person begins at conception;
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 1 2. Unborn persons have protectable interests in life, liberty,
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2 the pursuit of happiness and the enjoyment of the gains of their own
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3 industry; and
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4 3. The natural parents of unborn persons have protectable
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5 interests in the life, liberty and the pursuit of happiness of their
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6 unborn child.
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7 B. As used in this section, “unborn person” means the unborn
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8 offspring of human beings from the moment of conception, through
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9 pregnancy and until live birth including the human conceptus,
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10 zygote, morula, blastocyst, embryo and fetus;
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11 C. 1. Consistent with Amendments V and XIV of the United
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12 States Constitution and pursuant to powers reserved to this state by
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13 Amendment X of the United States Constitution, the laws of this
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14 state shall be interpreted and construed to acknowledge on behalf of
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15 the unborn person in utero, all the rights, privileges and
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16 immunities available to other persons, citizen, and residents of
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17 this state, subject only to the Constitution of the United States.
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18 2. Nothing in this Constitution secures or protects the right
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19 to perform or receive an abortion, nor shall any provision of this
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20 Constitution be construed to preclude, invalidate or in any way
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21 limit, a statute that prohibits abortion, regulates abortion or
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22 regulates abortion differently from other acts or procedures.
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 1 D. 1. No person in this state shall perform an abortion of an
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2 unborn person in utero except as provided in paragraph 2 of this
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3 subsection.
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4 2. The prohibition provided by paragraph 1 of this subsection
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5 shall not apply to an abortion that is necessary to prevent the
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6 death of a pregnant woman, or to prevent substantial or irreversible
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7 physical impairment of the pregnant woman that substantially
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8 increases the risk of death. The prohibition provided by paragraph
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9 1 of this subsection shall apply to an abortion performed solely on
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10 the basis of the mental or emotional health of the pregnant woman.
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11 E. Any person found guilty of performing an abortion in
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12 violation of subsection D of this section shall be guilty of a
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13 felony punishable by imprisonment for not less than one (1) year nor
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14 more than three (3) years in the custody of the Department of
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15 Corrections.
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16 F. This section shall only apply to abortions performed in this
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17 state. Nothing in this section shall be construed to affect an
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18 abortion sought out-of-state. No woman shall be involuntarily
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19 tracked or monitored due to pregnancy or perceived pregnancy.
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20 G. Nothing in this section shall be interpreted as creating a
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21 cause of action against a woman for indirectly harming her unborn
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22 child by failing to properly care for herself or by failing to
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23 follow any particular program of prenatal care.
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 1 SECTION 2. The Ballot Title for the proposed Constitutional
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2 amendment as set forth in SECTION 1 of this resolution shall be in
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3 the following form:
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4 BALLOT TITLE
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5 Legislative Referendum No. ____ State Question No. ____
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6 THE GIST OF THE PROPOSITION IS AS FOLLOWS:
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7 This measure would add a new section to the Oklahoma
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8 Constitution. It would add Section 2A to Article 2. It
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9 provides that the rights of unborn persons are equal to those of
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10 born persons and directs that the laws of this state be
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11 interpreted and construed as such. This measure declares that
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12 life begins at conception and defines an unborn person as the
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13 offspring of human beings from the moment of conception. It
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14 declares that unborn persons and their parents have certain
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15 protectable interests. This measure states that nothing in the
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16 Oklahoma Constitution secures or protects the right to perform
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17 or receive an abortion, and that nothing in the Oklahoma
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18 Constitution precludes, invalidates or limits any state law that
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19 prohibits or regulates abortion. This measure prohibits the
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20 performance of abortion, except an abortion necessary to prevent
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21 the death of a pregnant woman, or to prevent substantial or
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22 irreversible physical impairment of the pregnant woman that
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23 substantially increases the risk of death. It classifies a
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24 violation of this prohibition as a felony and provides a penalty
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 1 of one (1) to three (3) years in the custody of the Department
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2 of Corrections for such violation. This measure prohibits the
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3 involuntary tracking or monitoring of a woman due to pregnancy
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4 or perceived pregnancy. It states that it does not create a
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5 cause of action against a pregnant woman.
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6 SHALL THE PROPOSAL BE APPROVED?
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7 FOR THE PROPOSAL — YES _____________
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8 AGAINST THE PROPOSAL — NO _____________
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9 SECTION 3. The President Pro Tempore of the Senate shall,
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10 immediately after the passage of this resolution, prepare and file
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11 one copy thereof, including the Ballot Title set forth in SECTION 2
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12 hereof, with the Secretary of State and one copy with the Attorney
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13 General.
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15 58-1-126 DC 11/9/2022 5:01:56 PM
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