STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

HOUSE BILL 1012	By:	Reynolds

AS INTRODUCED

An Act relating to public health and safety; creating the Protection of Human Life Act of 2011; defining terms; making certain actions with a human embryo unlawful; providing penalty; providing for codification; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law not to be codified in the Oklahoma Statutes reads as follows:
Section 2 of this act shall be known and may be cited as the "Protection of Human Life Act of 2011".
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1-735.1 of Title 63, unless there is created a duplication in numbering, reads as follows:
A.  As used in this section:
1.  “Human embryo” means a living organism of the species Homo sapiens at the earliest stages of development, including the single-celled stage, that is not located in the body of a female; and
2.  “Nontherapeutic research” means research that is not intended to help preserve the life and health of the particular embryo subjected to risk.  This term does not include in vitro fertilization and accompanying embryo transfer to the body of a female, or any diagnostic test which may assist in the future care of a child subjected to the tests.
B.  No person shall: 
1.  Knowingly conduct nontherapeutic research that destroys a human embryo or subjects a human embryo to substantial risk of injury or death;
2.  Transfer a human embryo with the knowledge that the embryo will be subjected to nontherapeutic research; or
3.  Use for research purposes cells or tissues that the person knows were obtained by performing activities in violation of this section.
C.  Any person found violating the provisions of subsection B of this section shall, upon conviction, be guilty of a felony punishable by incarceration in the custody of the Department of Corrections for a term of not less than one (1) year nor more than life and a fine of not less than One Hundred Thousand Dollars ($100,000.00).
SECTION 3.  This act shall become effective July 1, 2011.
SECTION 4.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

53-1-5139	AM	11/19/10