Bill Text: IA SF2114 | 2015-2016 | 86th General Assembly | Introduced


Bill Title: A bill for an act prohibiting all human cloning and providing penalties.

Spectrum: Partisan Bill (Independent 1-0)

Status: (Introduced - Dead) 2016-02-09 - Subcommittee, Horn, Schneider, and Sodders. S.J. 191. [SF2114 Detail]

Download: Iowa-2015-SF2114-Introduced.html
Senate File 2114 - Introduced




                                 SENATE FILE       
                                 BY  JOHNSON

                                      A BILL FOR

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