Senate File 2114 - Introduced SENATE FILE 2114 BY JOHNSON A BILL FOR An Act prohibiting all human cloning and providing penalties. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5928XS (2) 86 pf/nh
S.F. 2114 Section 1. NEW SECTION . 707B.1 Title. 1 This chapter shall be known and may be cited as the “Human 2 Cloning Prohibition Act” . 3 Sec. 2. NEW SECTION . 707B.2 Purpose. 4 It is the purpose of this chapter to prohibit human 5 cloning for any purpose, whether for reproductive cloning or 6 therapeutic cloning. 7 Sec. 3. NEW SECTION . 707B.3 Definitions. 8 As used in this chapter, unless the context otherwise 9 requires: 10 1. “Fetus” means a living organism of the species homo 11 sapiens from eight weeks’ development until complete expulsion 12 or extraction from a woman’s body. 13 2. “Human cloning” means human asexual reproduction, 14 accomplished by introducing the genetic material of a human 15 somatic cell into a fertilized or unfertilized oocyte whose 16 nucleus has been or will be removed or inactivated, to produce 17 a living organism with a human or predominantly human genetic 18 constitution. 19 3. “Human embryo” means a living organism of the species 20 homo sapiens from the single-celled stage to eight weeks’ 21 development. 22 4. “Human somatic cell” means a diploid cell having a 23 complete set of chromosomes obtained or derived from a living 24 or deceased human body at any stage of development. 25 5. “Oocyte” means a human ovum. 26 Sec. 4. NEW SECTION . 707B.4 Human cloning —— prohibitions 27 —— exceptions —— penalties. 28 1. A person shall not intentionally or knowingly do any of 29 the following: 30 a. Perform or attempt to perform human cloning. 31 b. Participate in performing or in an attempt to perform 32 human cloning. 33 c. Transfer or receive a cloned human embryo for any 34 purpose. 35 -1- LSB 5928XS (2) 86 pf/nh 1/ 3
S.F. 2114 d. Transfer or receive, in whole or in part, any oocyte, 1 human embryo, fetus, or human somatic cell, for the purpose of 2 human cloning. 3 2. This section shall not restrict the use of in vitro 4 fertilization; the administration of fertility-enhancing 5 drugs; research in the use of nuclear transfer or other 6 cloning techniques to produce molecules, deoxyribonucleic acid, 7 tissues, organs, plants, animals other than humans, or cells 8 other than human embryos; or other scientific research not 9 specifically prohibited. 10 3. a. A person who violates subsection 1, paragraph “a” or 11 “b” , is guilty of a class “C” felony. 12 b. A person who violates subsection 1, paragraph “c” or “d” , 13 is guilty of an aggravated misdemeanor. 14 4. A person who violates this section in a manner that 15 results in a pecuniary gain to the person is subject to a civil 16 penalty in an amount that is twice the amount of the gross 17 pecuniary gain. 18 5. A person who violates this section and who is licensed 19 pursuant to chapter 148 is subject to revocation of the 20 person’s license. 21 Sec. 5. REPEAL. Chapter 707C, Code 2016, is repealed. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill prohibits all human cloning, whether for 26 reproductive or therapeutic purposes. The bill defines 27 “fetus”, “human cloning”, “human embryo”, “human somatic cell”, 28 and “oocyte”. 29 The bill prohibits a person from knowingly or intentionally: 30 (1) performing or attempting to perform human cloning, (2) 31 participating in performing or attempting to perform human 32 cloning, (3) transferring or receiving a cloned human embryo 33 for any purpose, or (4) transferring or receiving, in whole 34 or in part, any oocyte, human embryo, fetus, or human somatic 35 -2- LSB 5928XS (2) 86 pf/nh 2/ 3
S.F. 2114 cell, for the purpose of human cloning. 1 The bill provides that the prohibitions of the bill are 2 not to restrict the use of in vitro fertilization; the 3 administration of fertility-enhancing drugs; research in the 4 use of nuclear transfer or other cloning techniques to produce 5 molecules, deoxyribonucleic acid, tissues, organs, plants, 6 animals other than humans, or cells other than human embryos; 7 or other scientific research not specifically prohibited. 8 A person who violates the bill by performing or attempting to 9 perform human cloning or by participating in the performance 10 or attempt to perform human cloning, is guilty of a class “C” 11 felony. 12 A person who violates the bill by transferring or receiving 13 a cloned human embryo for any purpose or by transferring or 14 receiving, in whole or in part, any oocyte, human embryo, 15 fetus, or human somatic cell, for the purpose of human cloning, 16 is guilty of an aggravated misdemeanor. 17 A person who violates the bill in a manner that results in a 18 pecuniary gain to the person is subject to a civil penalty in 19 an amount that is twice the amount of the gross pecuniary gain. 20 A person who violates the bill and is licensed pursuant to 21 Code chapter 148 (medicine and surgery and osteopathic medicine 22 and surgery) is subject to revocation of the person’s license. 23 The bill repeals Code chapter 707C which prohibits human 24 reproductive cloning but not therapeutic cloning. 25 -3- LSB 5928XS (2) 86 pf/nh 3/ 3