STATE OF OKLAHOMA

2nd Session of the 53rd Legislature (2012)

HOUSE JOINT
RESOLUTION 1067	By:	Reynolds

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 Constitution of the State of Oklahoma by adding a new Section 38 to Article II; providing for applicability; prohibiting the intentional killing of any innocent person; providing for exceptions; defining terms; providing ballot title; and directing filing.

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE 2ND SESSION OF THE 53RD 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 Article II of the Oklahoma Constitution by adding a new Section 38 to read as follows:
Section 38.  A.  With respect to the right to life, the term “persons”, as used in Section 2 of Article II of this Constitution, applies to every human being from the beginning of the biological development of that human being.
B.  The intentional killing of any innocent person is prohibited.
1.  Only birth control that kills a person shall be affected by this section.
2.  Only in vitro fertilization and assisted reproduction that kills a person shall be affected by this section.
3.  Medical treatment for life-threatening physical conditions intended to preserve life shall not be affected by this section.
4.  Spontaneous miscarriages shall not be affected by this section.
5.  No innocent child created through rape or incest shall be killed for the crime of his or her father.
C.  For the purposes of this section:
1.  A “human being” is a member of the species homo sapiens at any stage of development;
2.  “Spontaneous miscarriage” is the unintentional termination of a pregnancy;
3.  “Child” includes a human being prior to and during birth; and
4.  “Medical treatment for life-threatening physical conditions intended to preserve life” includes but is not limited to treatment for cancer, ectopic and molar pregnancy, twin-to-twin transfusion syndrome, and placenta previa.
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:
This measure adds a new section of law to the Oklahoma  Constitution.  It adds Section 38 to Article II.  The purpose of the amendment is to expand the class of human beings that currently enjoy the inherent right to life under the Oklahoma Constitution to include every human being, irrespective of age, race, gender, disability, health, function, condition of dependency, including physical or mental dependency, or method of reproduction, from the beginning of the biological development of that human being.  
SHALL THE PROPOSAL BE APPROVED?
FOR THE PROPOSAL — YES	_____________
AGAINST THE PROPOSAL — NO 	_____________
SECTION 3.  The Chief Clerk of the House of Representatives, immediately after the passage of this resolution, shall 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.

53-2-8614	AM	01/12/12