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