Bill Commons

DE SB 5

Status unknown

AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO THE RIGHT TO REPRODUCTIVE FREEDOM.

Delaware · 2025-2026 Regular Session (153rd General Assembly) · upper

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Quick answers

Did DE SB 5 pass?

The current status of DE SB 5 is not known from the official record. Latest recorded action (2026-05-06): Reported Out of Committee (Administration) in House with 3 On Its Merits

What is DE SB 5 about?

Like Senate Bill No. 5, this Act is the first leg of an amendment to the Delaware Constitution to ensure that every Delawarean is afforded reproductive freedom. This Act differs from Senate Bill No. 5 by making the following clarifications: (1) That an individual has a fundamental right to reproductive freedom relating to that individual’s pregnancy. (2) That the standard of medical judgment is a “good-faith medical judgment” rather than a “professional judgment”. (3) That the health care professional making the good-faith medical judgment is the “treating attending health care professional” rather than the “attending health care professional”. Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution.

Who sponsors DE SB 5?

Cyndie Romer, David L. Wilson, Edward S. Osienski and 18 others are the primary sponsors of DE SB 5.

Description

Like Senate Bill No. 5, this Act is the first leg of an amendment to the Delaware Constitution to ensure that every Delawarean is afforded reproductive freedom. This Act differs from Senate Bill No. 5 by making the following clarifications: (1) That an individual has a fundamental right to reproductive freedom relating to that individual’s pregnancy. (2) That the standard of medical judgment is a “good-faith medical judgment” rather than a “professional judgment”. (3) That the health care professional making the good-faith medical judgment is the “treating attending health care professional” rather than the “attending health care professional”. Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution.

Introduced
2025-03-06
Latest action
2026-05-06 — Reported Out of Committee (Administration) in House with 3 On Its Merits
Bill type
bill
Last updated
—

Sponsors

  • Cyndie Romerprimary
  • David L. Wilsonprimary
  • Edward S. Osienskiprimary
  • Spiros Mantzavinosprimary
  • Kerri Evelyn Harrisprimary
  • Mara Gormanprimary
  • John "Jack" Walshprimary
  • Laura V. Sturgeonprimary
  • David P. Sokolaprimary
  • Claire Snyder-Hallprimary
  • Melanie Ross Levinprimary
  • Sarah McBrideprimary
  • Eric Morrisonprimary
  • William Bushprimary
  • Nicole Pooreprimary
  • Ray Seigfriedprimary
  • Russell Huxtableprimary
  • Trey Paradeeprimary
  • Marie Pinkneyprimary
  • Josue O Ortegaprimary
  • Bryan Townsendprimary

Committees

Not provided by source.

Action timeline

Newest first

  1. 2026-05-06

    Reported Out of Committee (Administration) in House with 3 On Its Merits

    committee-passage

  2. 2025-03-12

    Assigned to Administration Committee in House

    introduction,referral-committee

  3. 2025-03-11

    Passed By Senate. Votes: 15 YES 6 NO

    passage

  4. 2025-03-11

    Amendment SA 2 to SS 1 - Defeated By Senate. Votes: 7 YES 14 NO

    amendment-failure

  5. 2025-03-11

    Amendment SA 1 to SS 1 - Defeated By Senate. Votes: 6 YES 15 NO

    amendment-failure

  6. 2025-03-11

    Amendment SA 2 to SS 1 - Introduced and Placed With Bill

    amendment-introduction

  7. 2025-03-11

    Amendment SA 1 to SS 1 - Introduced and Placed With Bill

    amendment-introduction

  8. 2025-03-11

    Reported Out of Committee (Health & Social Services) in Senate with 5 Favorable, 1 On Its Merits

    committee-passage,committee-passage-favorable

  9. 2025-03-06

    Adopted in lieu of the original bill SB 5, and Assigned to Health & Social Services Committee in Senate

    introduction,referral-committee

Versions

Not provided by source.

Documents

Not provided by source.

Votes

  • 2/3

    2025-03-11 · pass · 15-6

    Member-level votes (21)
    • Darius J. Brown: yes
    • Eric Buckson: no
    • Daniel Cruce: yes
    • Stephanie L. Hansen: yes
    • Gerald W. Hocker: no
    • Kyra L. Hoffner: yes
    • Russell Huxtable: yes
    • Dave G. Lawson: no
    • S. Elizabeth Lockman: yes
    • Spiros Mantzavinos: yes
    • Trey Paradee: yes
    • Brian Pettyjohn: no
    • Marie Pinkney: yes
    • Nicole Poore: yes
    • Bryant L. Richardson: no
    • Ray Seigfried: yes
    • David P. Sokola: yes
    • Laura V. Sturgeon: yes
    • Bryan Townsend: yes
    • John "Jack" Walsh: yes
    • David L. Wilson: no

Related bills

No related bills recorded for this bill.

Official source

Attribution

Data from openstates_bulk_csv, retrieved 2026-07-24T03:53:51.443619Z

Inspect retained evidence for changes recorded after evidence tracking began:

Session-wide evidence can include changes to other bills:

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