House File 2097 - Introduced
HOUSE FILE
BY MASCHER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the prohibition of human reproductive cloning
2 and providing penalties.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5460YH 81
5 pf/je/5
PAG LIN
1 1 Section 1. Section 707B.1, Code 2005, is amended to read
1 2 as follows:
1 3 707B.1 TITLE.
1 4 This chapter shall be known and may be cited as the "Human
1 5 Reproductive Cloning Prohibition Act".
1 6 Sec. 2. Section 707B.2, Code 2005, is amended to read as
1 7 follows:
1 8 707B.2 PURPOSE.
1 9 It is the purpose of this chapter to prohibit human cloning
1 10 for any purpose, whether for reproductive cloning or
1 11 therapeutic cloning.
1 12 Sec. 3. Section 707B.3, Code 2005, is amended to read as
1 13 follows:
1 14 707B.3 DEFINITIONS.
1 15 As used in this chapter, unless the context otherwise
1 16 requires:
1 17 1. "Fetus" means a living organism of the species homo
1 18 sapiens from eight weeks' development until complete expulsion
1 19 or extraction from a woman's body, or until removal from an
1 20 artificial womb or other similar environment designed to
1 21 nurture the development of such organism.
1 22 2. 1. "Human reproductive cloning" means human asexual
1 23 reproduction, accomplished by introducing the genetic material
1 24 of a human somatic cell into a fertilized or unfertilized an
1 25 oocyte whose nucleus has been or will be removed or
1 26 inactivated, the result of which is implanted or attempted to
1 27 be implanted into a woman's uterus or substitute for a woman's
1 28 uterus, to produce a living organism with a human or
1 29 predominantly human genetic constitution.
1 30 3. "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 4. 2. "Human somatic cell" means a nonreproductive
1 34 diploid cell having a complete set of chromosomes obtained
1 35 from a living or deceased human organism of the species homo
2 1 sapiens at any stage of development.
2 2 5. 3. "Oocyte" means a human ovum.
2 3 Sec. 4. Section 707B.4, Code 2005, is amended to read as
2 4 follows:
2 5 707B.4 HUMAN REPRODUCTIVE CLONING == PROHIBITIONS ==
2 6 EXCEPTIONS == PENALTY.
2 7 1. A person shall not intentionally or knowingly do any of
2 8 the following:
2 9 a. Perform or attempt to perform human reproductive
2 10 cloning.
2 11 b. Participate in performing or in an attempt to perform
2 12 human reproductive cloning.
2 13 c. Transfer or receive a cloned human embryo for any
2 14 purpose.
2 15 d. c. Transfer or receive, in whole or in part, any
2 16 oocyte, human embryo, fetus, or human somatic cell, for the
2 17 purpose of human reproductive cloning.
2 18 2. This section shall not restrict areas of scientific
2 19 research not specifically prohibited, including in vitro
2 20 fertilization; the administration of fertility=enhancing
2 21 drugs; or research in the use of nuclear transfer or other
2 22 cloning techniques to produce molecules, deoxyribonucleic
2 23 acid, tissues, organs, plants, animals other than humans, or
2 24 cells other than human embryos.
2 25 3. 2. a. A person who violates subsection 1, paragraph
2 26 "a" or "b", is guilty of a class "C" felony.
2 27 b. A person who violates subsection 1, paragraph "c" or
2 28 "d", is guilty of an aggravated misdemeanor.
2 29 4. 3. A person who violates this section in a manner that
2 30 results in a pecuniary gain to the person is subject to a
2 31 civil penalty in an amount that is twice the amount of the
2 32 gross gain.
2 33 5. 4. A person who violates this section and who is
2 34 licensed pursuant to chapter 148, 150, or 150A is subject to
2 35 revocation of the person's license.
3 1 6. 5. A violation of this section is grounds for denial
3 2 of an application for, denial of renewal of, or revocation of
3 3 any license, permit, certification, or any other form of
3 4 permission required to practice or engage in any trade,
3 5 occupation, or profession regulated by the state.
3 6 EXPLANATION
3 7 This bill amends the current human cloning chapter to
3 8 specifically prohibit human reproductive cloning. Previously,
3 9 the chapter prohibited all human cloning. The bill makes
3 10 changes in the definitions and in the prohibitions and
3 11 penalties relating to human cloning to reflect the changes in
3 12 the chapter to specifically prohibit human reproductive
3 13 cloning.
3 14 LSB 5460YH 81
3 15 pf:rj/je/5.1