STATE OF OKLAHOMA

1st Session of the 52nd Legislature (2009)

HOUSE BILL 1326	By:	Reynolds

AS INTRODUCED

An Act relating to public health and safety; defining terms; making certain actions with a human embryo unlawful; providing penalty; providing for codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     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 or any business entity recognized by the laws of this state that engages in, or is associated with a business entity that engages in, the actions prohibited by subsection B of this section shall not be eligible for any Oklahoma income tax credits.  No state agency or retirement system shall invest in a business entity that engages in the acts prohibited by subsection B of this section.
D.  Any person found violating the provisions of subsection B of this section shall, upon conviction, be guilty of a misdemeanor.
SECTION 2.  This act shall become effective November 1, 2009.

52-1-5198	SAB	11/24/08