Text: SF02045 Text: SF02047 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 707B.1 TITLE.
1 2 This chapter shall be known and may be cited as the "Human
1 3 Embryo Research and Human Cloning Act".
1 4 Sec. 2. NEW SECTION. 707B.2 PURPOSE.
1 5 It is the purpose of this chapter to prohibit human cloning
1 6 for any purpose, whether for reproductive cloning or
1 7 therapeutic cloning.
1 8 Sec. 3. NEW SECTION. 707B.3 DEFINITIONS.
1 9 As used in this chapter, unless the context otherwise
1 10 requires:
1 11 1. "Destructive research" means medical procedures,
1 12 scientific or laboratory research, or other kinds of
1 13 investigation that destroy or injure the subject of the
1 14 research. "Destructive research" does not include in vitro
1 15 fertilization and accompanying embryo transfer to a woman's
1 16 body or any diagnostic test that may assist in the future care
1 17 of the subject of the research.
1 18 2. "Fetus" means a living organism of the species homo
1 19 sapiens from eight weeks' development until complete expulsion
1 20 or extraction from a woman's body, or until removal from an
1 21 artificial womb or other similar environment designed to
1 22 nurture the development of such organism.
1 23 3. "Gamete" means a human sperm or an unfertilized human
1 24 ovum.
1 25 4. "Human cloning" means human asexual reproduction,
1 26 accomplished by introducing the genetic material of a human
1 27 somatic cell into the oocyte whose nucleus has been removed or
1 28 inactivated, to produce a living organism with a human or
1 29 predominately human genetic constitution.
1 30 5. "Human embryo" means a living organism of the species
1 31 homo sapiens from the single-celled stage to eight weeks'
1 32 development.
1 33 6. "Human somatic cell" means a cell having a complete set
1 34 of chromosomes obtained from a living or deceased human
1 35 organism of the species homo sapiens at any stage of
2 1 development.
2 2 7. "Oocyte" means the unfertilized human ovum.
2 3 Sec. 4. NEW SECTION. 707B.4 DESTRUCTIVE RESEARCH –
2 4 HUMAN EMBRYO – PROHIBITIONS – PENALTY.
2 5 1. A person shall not do any of the following:
2 6 a. Intentionally or knowingly conduct destructive research
2 7 on a human embryo.
2 8 b. Buy, sell, receive, or otherwise transfer a human
2 9 embryo with the knowledge that the embryo will be subjected to
2 10 destructive research.
2 11 c. Buy, sell, receive, or otherwise transfer gametes with
2 12 the knowledge that a human embryo will be produced from the
2 13 gametes for the purpose of using the human embryo for
2 14 destructive research.
2 15 2. A person who violates this section is guilty of an
2 16 aggravated misdemeanor.
2 17 Sec. 5. NEW SECTION. 707B.5 HUMAN CLONING –
2 18 PROHIBITIONS – EXCEPTIONS – PENALTY.
2 19 1. A person shall not intentionally or knowingly do any of
2 20 the following:
2 21 a. Perform or attempt to perform human cloning.
2 22 b. Participate in performing or in an attempt to perform
2 23 human cloning.
2 24 c. Transfer or receive the product of human cloning for
2 25 any purpose.
2 26 d. Transfer or receive, in whole or in part, any oocyte,
2 27 human embryo, fetus, or human somatic cell, for the purpose of
2 28 human cloning.
2 29 2. This section shall not restrict areas of scientific
2 30 research not specifically prohibited, including in vitro
2 31 fertilization; the administration of fertility-enhancing
2 32 drugs; or research in the use of nuclear transfer or other
2 33 cloning techniques to produce molecules, deoxyribonucleic
2 34 acid, tissues, organs, plants, animals other than humans, or
2 35 cells other than human embryos.
3 1 3. a. A person who violates subsection 1, paragraph "a"
3 2 or "b", is guilty of a class "C" felony.
3 3 b. A person who violates subsection 1, paragraph "c" or
3 4 "d", is guilty of an aggravated misdemeanor.
3 5 4. A person who violates this section in a manner that
3 6 results in a pecuniary gain to the person is subject to a
3 7 civil penalty in an amount that is twice the amount of the
3 8 gross gain.
3 9 5. A person who violates this section and who is licensed
3 10 pursuant to chapter 148, 150, or 150A is subject to revocation
3 11 of the person's license.
3 12 6. A violation of this section is grounds for denial of an
3 13 application for, denial of renewal of, or revocation of any
3 14 license, permit, certification, or any other form of
3 15 permission required to practice or engage in any trade,
3 16 occupation, or profession regulated by the state.
3 17 EXPLANATION
3 18 This bill relates to the use of products of human
3 19 reproduction for the purposes of human cloning or destructive
3 20 research. The bill defines terms used in the bill including
3 21 "destructive research", "fetus", "gamete", "human cloning",
3 22 "human embryo", "human somatic cell", and "oocyte".
3 23 The bill prohibits a person from knowingly or
3 24 intentionally: conducting destructive research on a human
3 25 embryo; buying, selling, receiving, or otherwise transferring
3 26 a human embryo with the knowledge that the embryo will be
3 27 subjected to destructive research, or buying, selling,
3 28 receiving, or otherwise transferring gametes with the
3 29 knowledge that a human embryo will be produced from the
3 30 gametes for the purpose of using the human embryo for
3 31 destructive research. A person who violates these provisions
3 32 of the bill is guilty of an aggravated misdemeanor. An
3 33 aggravated misdemeanor carries with it a maximum penalty of
3 34 imprisonment not to exceed two years and a fine of at least
3 35 $500 but not to exceed $5,000.
4 1 The bill also prohibits a person from intentionally or
4 2 knowingly: performing or attempting to perform human cloning;
4 3 participating in the performance of or an attempt to perform
4 4 human cloning; transferring or receiving the product of human
4 5 cloning for any purpose; or transferring or receiving, in
4 6 whole or in part, any oocyte, human embryo, fetus, or human
4 7 somatic cell, for the purpose of human cloning. The bill
4 8 provides that the prohibitions of the bill are not to restrict
4 9 areas of scientific research not specifically prohibited,
4 10 including in vitro fertilization; the administration of
4 11 fertility-enhancing drugs; or research in the use of nuclear
4 12 transfer or other cloning techniques to produce molecules,
4 13 DNA, tissues, organs, plants, animals other than humans, or
4 14 cells other than human embryos. A person who violates the
4 15 portions of the bill relating to performing or attempting to
4 16 perform human cloning or participating in an attempt to
4 17 perform or the performance of human cloning is guilty of a
4 18 class "C" felony. A class "C" felony carries with it a
4 19 penalty of confinement for no more than 10 years and a fine of
4 20 at least $1,000, but not more than $10,000. A person who
4 21 violates the bill by transferring or receiving the product of
4 22 human cloning for any purpose, or by transferring or
4 23 receiving, in whole or in part, any oocyte, human embryo,
4 24 fetus, or human somatic cell, for the purpose of human
4 25 cloning, is guilty of an aggravated misdemeanor. The bill
4 26 also provides that a person who violates the section of the
4 27 bill prohibiting human cloning is subject to the following, as
4 28 applicable: if the person violates this section of the bill
4 29 in a manner that results in a pecuniary gain to the person,
4 30 the person is subject to a civil penalty in an amount that is
4 31 twice the amount of the gross gain; if the person who violates
4 32 this section of the bill is licensed pursuant to chapter 148,
4 33 150, or 150A, the person is subject to revocation of the
4 34 license; and a violation is grounds for denial of an
4 35 application for, denial of renewal of, or revocation of any
5 1 license, permit, certification, or any other form of
5 2 permission required to practice or engage in any trade,
5 3 occupation, or profession regulated by the state.
5 4 LSB 5682XS 79
5 5 pf/cf/24
Text: SF02045 Text: SF02047 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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