Bill Title: To prohibit human cloning, the creation, transportation, or receipt of a human-animal hybrid, the transfer of a nonhuman embryo into a human womb, and the transfer of a human embryo into a nonhuman womb.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2011-02-23 - To Health, Human Services, & Aging
[SB94 Detail]Download: Ohio-2011-SB94-Introduced.html
As Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Senators Faber, Grendell, Obhof, Schaffer, Wagoner
A BILL
| To amend section 3701.99 and to enact sections | 1 |
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3701.94 and 3701.95 of the Revised Code to | 2 |
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prohibit human cloning, the creation, | 3 |
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transportation, or receipt of a human-animal | 4 |
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hybrid, the transfer of a nonhuman embryo into a | 5 |
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human womb, and the transfer of a human embryo | 6 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3701.99 be amended and sections | 8 |
3701.94 and 3701.95 of the Revised Code be enacted to read as | 9 |
follows: | 10 |
Sec. 3701.94. (A) As used in this section: | 11 |
(1) "Asexual reproduction" means the creation of a human | 12 |
zygote, human blastocyst, or human embryo by any means other than | 13 |
fertilization of a human egg by a human sperm. | 14 |
(2) "DNA" means human deoxyribonucleic acid. | 15 |
(3) "Human blastocyst" means an early stage human embryo that | 16 |
is five to seven days after conception. A blastocyst has an outer | 17 |
layer of cells known as the trophoblast and an interior group of | 18 |
cells that is the inner cell mass. | 19 |
(4) "Human cloning" means the use of asexual reproduction to | 20 |
create a human zygote, human blastocyst, or human embryo that is | 21 |
genetically virtually identical to an existing or previously | 22 |
existing human organism. | 23 |
(5) "Human embryo" means an organism of the species homo | 24 |
sapiens during the earliest stages of development from one cell up | 25 |
to eight weeks. | 26 |
(6) "Human zygote" means a one-cell human embryo. | 27 |
(B) No person or governmental entity shall knowingly do any | 28 |
of the following in this state: | 29 |
(1) Perform or attempt to perform human cloning; | 30 |
(2) Participate in the performance or attempted performance | 31 |
of human cloning; | 32 |
(3) Send or receive a human embryo that is produced by human | 33 |
cloning. | 34 |
Sec. 3701.95. (A) As used in this section: | 35 |
(1) "Human-animal hybrid" means any of the following: | 36 |
(a) A human embryo into which a nonhuman cell or a component | 37 |
of a nonhuman cell is introduced so that it is uncertain whether | 38 |
the human embryo is a member of the species homo sapiens; | 39 |
(b) A hybrid human-animal embryo produced by fertilizing a | 40 |
human egg with a nonhuman sperm; | 41 |
(c) A hybrid human-animal embryo produced by fertilizing a | 42 |
nonhuman egg with a human sperm; | 43 |
(d) An embryo produced by introducing a nonhuman nucleus into | 44 |
a human egg; | 45 |
(e) An embryo produced by introducing a human nucleus into a | 46 |
nonhuman egg; | 47 |
(f) An embryo containing at least haploid sets of chromosomes | 48 |
from both a human and a nonhuman life form; | 49 |
(g) A nonhuman life form engineered such that human gametes | 50 |
develop within the body of a nonhuman life form; | 51 |
(h) A nonhuman life form engineered such that it contains a | 52 |
human brain or a brain derived wholly or predominately from human | 53 |
neural tissues. | 54 |
(2) "Human embryo" means an organism of the species homo | 55 |
sapiens during the earliest stages of development from one cell up | 56 |
to eight weeks. | 57 |
(B) No person shall knowingly do any of the following: | 58 |
(1) Create or attempt to create a human-animal hybrid; | 59 |
(2) Transfer or attempt to transfer a human embryo into a | 60 |
nonhuman womb; | 61 |
(3) Transfer or attempt to transfer a nonhuman embryo into a | 62 |
human womb; | 63 |
(4) Transport or receive for any purpose a human-animal | 64 |
hybrid. | 65 |
(C) Nothing in this section prohibits either of the | 66 |
following: | 67 |
(1) Research involving the use of transgenic animal models | 68 |
containing human genes; | 69 |
(2) Xenotransplantation of human organs, tissues, or cells | 70 |
into recipient animals other than animal embryos. | 71 |
Sec. 3701.99. (A) Whoever violates division (C) of section | 72 |
3701.23, division (C) of section 3701.232, division (C) of section | 73 |
3701.24, division (B) of section 3701.25, division (I) of section | 74 |
3701.262, division (D) of section 3701.263, or sections 3701.46 to | 75 |
3701.55 of the Revised Code is guilty of a minor misdemeanor on a | 76 |
first offense; on each subsequent offense, the person is guilty of | 77 |
a misdemeanor of the fourth degree. | 78 |
(B) Whoever violates section 3701.82 of the Revised Code is | 79 |
guilty of a misdemeanor of the first degree. | 80 |
(C) Whoever violates section 3701.352 or 3701.81 of the | 81 |
Revised Code is guilty of a misdemeanor of the second degree. | 82 |
(D) Whoever violates section 3701.94 or 3701.95 of the | 83 |
Revised Code shall be subject to the following: | 84 |
(1) A term of imprisonment of not more than five years; | 85 |
(2) If the offender derives pecuniary gain as a result of the | 86 |
violation, a fine of not less than one million dollars and not | 87 |
more than an amount equal to two times the amount of the gross | 88 |
pecuniary gain if that amount is more than one million dollars. | 89 |
Section 2. That existing section 3701.99 of the Revised Code | 90 |
is hereby repealed. | 91 |