Read the full stored bill text
Req. No. 2358 Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE JOINT
RESOLUTION 34 By: Bullard
AS INTRODUCED
A Joint Resolution directing the Secretary of State
to refer to the people for their approval or
rejection a proposed amendment to the Oklahoma
Constitution by adding a new Section 38 to Article
II; defining terms; prohibiting certain acts related
to abortion; imposing certain duty on health care
providers; granting certain criminal and civil
immunities; providing certain criminal penalty;
authorizing certain civil actions; directing and
prohibiting award of certain relief; providing
certain construction; providing ballot title; and
directing filing.
BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE
2ND SESSION OF THE 60TH OKLAHOMA LEGISLATURE:
SECTION 1. The Secretary of State shall refer to the people for
their approval or rejection, as and in the manner provided by law,
the following proposed amendment to the Oklahoma Constitution by
adding a new Section 38 to Article II to read as follows:
Section 38. A. As used in this section:
1. “Abortion” means the use or prescription of any instrument,
medicine, drug, or any other substance or device intentionally to
terminate the life of an unborn person with the intent of
Req. No. 2358 Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
terminating the pregnancy of a mother known to be pregnant, reducing
the number of unborn persons being carried by such mother in the
event of a multifetal pregnancy, or preventing implantation in the
event that an abortion is being administered after conception but
before implantation. Abortion does not include any medical
procedure performed to increase the probability of a live birth; to
preserve the life or health of the child after live birth; to
provide care for an unborn person or mother of the unborn person in
an ectopic pregnancy, provided that such care is not intended to
terminate the life of the unborn person or mother; or to remove a
dead unborn person who died as the result of a spontaneous
miscarriage, accidental trauma, or criminal assault on the pregnant
mother or the unborn person;
2. “Deliver” means to perform a childbirth, in which a living
unborn person is brought out of the mother’s uterus with the intent
of preserving the life of the unborn person either through natural
childbirth processes, also known as labor and parturition, or by
assistance through medical interventions; and
3. “Unborn person” means the unborn offspring of human beings
from the moment of conception, through pregnancy, and until live
birth including the human conceptus, zygote, morula, blastocyst,
embryo, and fetus.
Req. No. 2358 Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
B. 1. Notwithstanding any other provision of law, a person
shall not purposely or recklessly perform, attempt to perform, or
cause, aid, or abet in any way the performance of an abortion.
2. When a medical condition arises that, in the reasonable
medical judgment of the attending health care provider, threatens
the life of a pregnant woman and necessitates delivery of the unborn
person, the health care provider shall deliver the unborn person and
shall make every reasonable effort, given the provider’s
credentials, capabilities, and training, to perform a live birth of
the unborn person, to preserve the life of the unborn person while
in utero and during and after live birth and delivery, and to
preserve the life of the pregnant woman.
C. If the health care provider makes every such reasonable
effort, he or she shall not be:
1. Subject to prosecution for the death of the unborn person or
pregnant woman including, but not limited to, prosecution under
subsection E of this section; or
2. Liable for any civil damages as a result of acts or
omissions by such health care provider including, but not limited
to, liability under subsection F of this section, except for
committing gross negligence or willful wanton wrongs in the
rendering of medical care.
Req. No. 2358 Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
D. Any person found in violation of subsection B of this
section shall, upon conviction, be guilty of murder in the first
degree.
E. The Attorney General may bring an action to enforce
compliance with this section. This subsection shall not be
construed to deny, impair, or otherwise affect any right or
authority of the Attorney General, the state, or an agency, officer,
or employee of the state to institute or intervene in any action or
proceeding.
F. 1. In addition to the civil remedy provided by subsection E
of this section, any person may bring a civil action against any
person who violates subsection B of this section.
2. If a plaintiff prevails in an action brought under this
subsection, the court shall award:
a. injunctive relief sufficient to prevent the defendant
from violating subsection B of this section,
b. statutory damages in an amount not less than Ten
Thousand Dollars ($10,000.00) per violation, unless
the plaintiff is the state, a political subdivision of
the state, or an officer or employee of the state or a
political subdivision,
c. nominal and compensatory damages if the plaintiff has
suffered harm from the defendant’s conduct including,
Req. No. 2358 Page 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
but not limited to, loss of consortium and emotional
distress, and
d. court costs and attorney fees.
3. Notwithstanding paragraph 2 of this subsection, a court
shall not award relief under subparagraph b or d of paragraph 2 of
this subsection in response to a violation of subsection B of this
section if the defendant demonstrates that a court has already
ordered the defendant to pay not less than Ten Thousand Dollars
($10,000.00) of statutory damages as provided in subparagraph b of
paragraph 2 of this subsection in a previous action for that
particular violation.
G. This section does not prohibit the sale, use, prescription,
or administration of a contraceptive measure, drug, or chemical if
the contraceptive measure, drug, or chemical is administered before
the time when a pregnancy could be determined through conventional
medical testing and if the contraceptive measure, drug, or chemical
is sold, used, prescribed, or administered in accordance with
manufacturer instructions.
SECTION 2. The Ballot Title for the proposed Constitutional
amendment as set forth in SECTION 1 of this resolution shall be in
the following form:
BALLOT TITLE
Legislative Referendum No. ____ State Question No. ____
THE GIST OF THE PROPOSITION IS AS FOLLOWS:
Req. No. 2358 Page 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
This measure would add a new section to the Oklahoma
Constitution. It would add Section 38 to Article 2. This
measure prohibits purposely or recklessly performing, attempting
to perform, or causing, aiding, or abetting in any way an
abortion. It requires a health care provider to attempt to
deliver an unborn child when a medical condition arises that
threatens the life of the pregnant woman, requires the provider
to make every reasonable effort to perform a live birth of the
unborn person and to preserve the lives of the unborn person and
the pregnant woman, and protects the provider from criminal
prosecution and civil liability if the provider makes every such
reasonable effort. This measure states that a person found in
violation of the abortion prohibition is guilty of first degree
murder. It allows any person to bring a civil action against a
person who violates the abortion prohibition and directs the
court to award injunctive relief, damages, and court costs and
attorney fees to successful plaintiffs. It clarifies that this
measure does not prohibit contraceptive measures, drugs, or
chemicals if administered before the time when a pregnancy could
be determined through conventional medical testing and if used
in accordance with manufacturer instructions. This measure
defines abortion as the use or prescription of any instrument,
medicine, drug, or any other substance or device intentionally
to terminate the life of an unborn person with the intent of
Req. No. 2358 Page 7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
terminating the pregnancy of a mother known to be pregnant,
reducing the number of unborn persons being carried by such
mother in the event of a multifetal pregnancy, or preventing
implantation in the event that an abortion is being administered
after conception but before implantation. Abortion does not
include any medical procedure performed to increase the
probability of a live birth, to preserve the life or health of
the child after live birth, to remove or address an ectopic
pregnancy, or to remove a dead unborn person who died as the
result of a spontaneous miscarriage, accidental trauma, or
criminal assault on the pregnant mother or the unborn person.
SHALL THE PROPOSAL BE APPROVED?
FOR THE PROPOSAL — YES _____________
AGAINST THE PROPOSAL — NO _____________
SECTION 3. The President Pro Tempore of the Senate shall,
immediately after the passage of this resolution, prepare and file
one copy thereof, including the Ballot Title set forth in SECTION 2
hereof, with the Secretary of State and one copy with the Attorney
General.
60-2-2358 DC 1/14/2026 10:25:58 PM