Bill Text: DE HB413 | 2015-2016 | 148th General Assembly | Draft

Delaware House Bill 413 (Prior Session Legislation)

Draft

Bill Title: An Act To Amend Title 16 Of The Delaware Code Relating To Prohibitions Regarding Human Fetal Tissue.

Spectrum: Partisan Bill (Republican 13-0)

Status: (Introduced - Dead) 2016-06-08 - Introduced and Assigned to Health & Human Development Committee in House [HB413 Detail]

Download: Delaware-2015-HB413-Draft.html

SPONSOR:	Rep. Gray & Rep. Dukes & Sen. Simpson;
	Reps. D. Short, Collins, Kenton, Miro, Outten, Smyk, Wilson, Yearick; Sens. Hocker, Richardson

HOUSE OF REPRESENTATIVES

148th GENERAL ASSEMBLY

HOUSE BILL NO. 413

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PROHIBITIONS REGARDING HUMAN FETAL TISSUE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1.Amend Chapter 27, Title 16, Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

Subchapter III.Human Fetal Tissue.

� 2735.Prohibitions Regarding Human Fetal Tissue.

(a)It shall be unlawful for any person to knowingly acquire, receive, or otherwise transfer any human fetal tissue for valuable consideration.

(b)It shall be unlawful for any person to solicit or knowingly acquire, receive, or accept a donation of human fetal tissue for the purpose of transplantation of such tissue into another person, if the tissue will be or is obtained pursuant to an induced abortion; and

(1)the donation will be or is made pursuant to a promise to the donating individual that the donated tissue will be transplanted into a recipient specified by such individual; or

(2)the donated tissue will be transplanted into a relative of the donating individual; or

(3)the person who solicits or knowingly acquires, receives, or accepts the donation has provided valuable consideration for the costs associated with such abortion.

(c)It shall be unlawful for any person to:

(1)solicit or knowingly acquire, receive, or accept a donation of human fetal tissue knowing that a human pregnancy was deliberately initiated to provide such tissue; or

(2)knowingly acquire, receive, or accept tissue or cells obtained from a human embryo or fetus that was gestated in the uterus of anonhuman animal.

(d)Definitions.For purposes of this section:

(1)"Human Fetal Tissue" means tissue or cells obtained from a dead human embryo or fetus after a spontaneous or induced abortion, or after a stillbirth.

(2)"Person" means any individual, trust, firm, joint stock company, partnership, corporation, association, or other artificial entity.

(3)"Valuable consideration" does not include reasonable payments associated with the transportation, implantation, processing, preservation, quality control, or storage of human fetal tissue.

(e)A violation of this section shall be a class C felony.

SYNOPSIS

This bill prohibits the purchase, acquisition, receipt, or transfer of any human fetal tissue or the solicitation of such fetal tissue for certain purposes.

Federal law 42 U.S.C.A. §289g-2 prohibits such actions if they affect interstate commerce and has similar penalties.

A violation shall be a class C felony.