House File 2232 - Introduced
HOUSE FILE
BY DE BOEF, ALONS, ROBERTS,
TYMESON, BOAL, MAY, DEYOE,
VAN FOSSEN, RAECKER, RAYHONS,
SODERBERG, UPMEYER, DOLECHECK,
SANDS, S. OLSON, JACOBS, WATTS,
KAUFMANN, WORTHAN, CHAMBERS,
LUKAN, ARNOLD, VAN ENGELENHOVEN,
GRANZOW, HOFFMAN, RANTS, HEATON,
WINDSCHITL, GREINER, and DRAKE
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for the prohibition of human cloning, providing
2 penalties, and providing for a repeal.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5579YH 82
5 pf/rj/24
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 Cloning Prohibition 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. "Fetus" means a living organism of the species homo
1 12 sapiens from eight weeks' development until complete expulsion
1 13 or extraction from a woman's body, or until removal from an
1 14 artificial womb or other similar environment designed to
1 15 nurture the development of such organism.
1 16 2. "Human cloning" means human asexual reproduction,
1 17 accomplished by introducing the genetic material of a human
1 18 somatic cell into a fertilized or unfertilized oocyte whose
1 19 nucleus has been or will be removed or inactivated, to produce
1 20 a living organism with a human or predominantly human genetic
1 21 constitution.
1 22 3. "Human embryo" means a living organism of the species
1 23 homo sapiens from the single=celled stage to eight weeks'
1 24 development.
1 25 4. "Human somatic cell" means a cell having a complete set
1 26 of chromosomes obtained from a living or deceased human
1 27 organism of the species homo sapiens at any stage of
1 28 development.
1 29 5. "Oocyte" means a human ovum.
1 30 Sec. 4. NEW SECTION. 707B.4 HUMAN CLONING ==
1 31 PROHIBITIONS == EXCEPTIONS == PENALTY.
1 32 1. A person shall not intentionally or knowingly do any of
1 33 the following:
1 34 a. Perform or attempt to perform human cloning.
1 35 b. Participate in performing or in an attempt to perform
2 1 human cloning.
2 2 c. Transfer or receive a cloned human embryo for any
2 3 purpose.
2 4 d. Transfer or receive, in whole or in part, any oocyte,
2 5 human embryo, fetus, or human somatic cell, for the purpose of
2 6 human cloning.
2 7 2. This section shall not restrict areas of scientific
2 8 research not specifically prohibited, including in vitro
2 9 fertilization; the administration of fertility=enhancing
2 10 drugs; or research in the use of nuclear transfer or other
2 11 cloning techniques to produce molecules, deoxyribonucleic
2 12 acid, tissues, organs, plants, animals other than humans, or
2 13 cells other than human embryos.
2 14 3. a. A person who violates subsection 1, paragraph "a"
2 15 or "b", is guilty of a class "C" felony.
2 16 b. A person who violates subsection 1, paragraph "c" or
2 17 "d", is guilty of an aggravated misdemeanor.
2 18 4. A person who violates this section in a manner that
2 19 results in a pecuniary gain to the person is subject to a
2 20 civil penalty in an amount that is twice the amount of the
2 21 gross gain.
2 22 5. A person who violates this section and who is licensed
2 23 pursuant to chapter 148, 150, or 150A is subject to revocation
2 24 of the person's license.
2 25 6. A violation of this section is grounds for denial of an
2 26 application for, denial of renewal of, or revocation of any
2 27 license, permit, certification, or any other form of
2 28 permission required to practice or engage in any trade,
2 29 occupation, or profession regulated by the state.
2 30 Sec. 5. Chapter 707C, Code Supplement 2007, is repealed.
2 31 EXPLANATION
2 32 This bill relates to the use of products of human
2 33 reproduction for the purposes of human cloning and is the same
2 34 as former Code chapter 707B which was repealed in 2007 Iowa
2 35 Acts, chapter 6.
3 1 The bill defines terms used in the bill. The bill
3 2 prohibits a person from knowingly or intentionally:
3 3 Performing or attempting to perform human cloning;
3 4 participating in performing or attempting to perform human
3 5 cloning; transferring or receiving a cloned human embryo for
3 6 any purpose; or transferring or receiving, in whole or in
3 7 part, any oocyte, human embryo, fetus, or human somatic cell,
3 8 for the purpose of human cloning.
3 9 The bill provides that it is not the intent of the bill to
3 10 restrict areas of scientific research not specifically
3 11 prohibited, including in vitro fertilization; the
3 12 administration of fertility=enhancing drugs; or research in
3 13 the use of nuclear transfer or other cloning techniques to
3 14 produce molecules, deoxyribonucleic acid, tissues, organs,
3 15 plants, animals other than humans, or cells other than human
3 16 embryos.
3 17 Under the bill, a person who performs or attempts to
3 18 perform human cloning or who participates in performing or in
3 19 an attempt to perform human cloning is guilty of a class "C"
3 20 felony. A class "C" felony is punishable by confinement for
3 21 no more than 10 years and a fine of at least $1,000 but not
3 22 more than $10,000. A person who transfers or receives a
3 23 cloned human embryo for any purpose or who transfers or
3 24 receives, in whole or in part, any oocyte, human embryo,
3 25 fetus, or human somatic cell, for the purpose of human cloning
3 26 is guilty of an aggravated misdemeanor. An aggravated
3 27 misdemeanor is punishable by confinement for no more than two
3 28 years and a fine of at least $625 but not more than $6,250.
3 29 Additionally, a person who violates the provisions of the bill
3 30 in a manner that results in a pecuniary gain to the person is
3 31 subject to a civil penalty in an amount that is twice the
3 32 amount of the gross gain. A person who violates the
3 33 provisions of the bill who is licensed in the practice of
3 34 medicine and surgery, osteopathy, or osteopathic medicine and
3 35 surgery is subject to revocation of the person's license. A
4 1 violation of the bill is also grounds for denial of an
4 2 application for, denial of renewal of, or revocation of any
4 3 license, permit, certification, or any other form of
4 4 permission required to practice or engage in any trade,
4 5 occupation, or profession regulated by the state.
4 6 The bill repeals Code chapter 707C, human stem cell
4 7 research and cloning.
4 8 LSB 5579YH 82
4 9 pf/rj/24.1