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| To amend section 3701.99 and to enact section 3701.94 | 1 |
| of the Revised Code to prohibit human cloning. | 2 |
| Section 1. That section 3701.99 be amended and section | 3 |
| 3701.94 of the Revised Code be enacted to read as follows: | 4 |
| Sec. 3701.94. (A) As used in this section: | 5 |
| (1) "DNA" means human deoxyribonucleic acid. | 6 |
| (2) "Human blastocyst" means an early stage human embryo that | 7 |
| is five to seven days after conception. A blastocyst has an outer | 8 |
| layer of cells known as the trophoblast, and an interior group of | 9 |
| cells that is the inner cell mass. | 10 |
| (3) "Human cloning" means the creation of a human zygote, | 11 |
| human blastocyst, or human embryo by any means other than the | 12 |
| fertilization of a human egg by a human sperm. | 13 |
| (4) "Human embryo" means an organism of the species homo | 14 |
| sapiens during the earliest stages of development from one cell up | 15 |
| to eight weeks. | 16 |
| (5) "Human zygote" means a one-cell human embryo. | 17 |
| (B) Except as provided in division (C) of this section, no | 18 |
| person or governmental entity shall knowingly do any of the | 19 |
| following: | 20 |
| (1) Perform or attempt to perform human cloning; | 21 |
| (2) Participate in the performance or attempted performance | 22 |
| of human cloning; | 23 |
| (3) Send or receive a human embryo that is produced by human | 24 |
| cloning or any product derived from that embryo. | 25 |
| (C) Nothing in this section shall restrict the areas of | 26 |
| scientific research that do not involve the creation or use of a | 27 |
| human embryo produced by human cloning or any product derived from | 28 |
| a human embryo produced by human cloning. The areas of research | 29 |
| that are not restricted by this section include, but are not | 30 |
| limited to, the use of nuclear transfer or other cloning | 31 |
| techniques to produce molecules, DNA, tissues, organs, plants, | 32 |
| animals other than humans, or cells other than human embryos. | 33 |
| Sec. 3701.99. (A) Whoever violates division (C) of section | 34 |
| 3701.23, division (C) of section 3701.232, division (C) of section | 35 |
| 3701.24, division (B) of section 3701.25, division (I) of section | 36 |
| 3701.262, division (D) of section 3701.263, or sections 3701.46 to | 37 |
| 3701.55 of the Revised Code is guilty of a minor misdemeanor on a | 38 |
| first offense; on each subsequent offense, the person is guilty of | 39 |
| a misdemeanor of the fourth degree. | 40 |
| (B) Whoever violates section 3701.82 of the Revised Code is | 41 |
| guilty of a misdemeanor of the first degree. | 42 |
| (C) Whoever violates section 3701.352 or 3701.81 of the | 43 |
| Revised Code is guilty of a misdemeanor of the second degree. | 44 |
| (D) Whoever violates section 3701.94 of the Revised Code | 45 |
| shall be subject to the following: | 46 |
| (1) A term of imprisonment of not more than two years; | 47 |
| (2) If the offender derives pecuniary gain as a result of the | 48 |
| violation, a fine of not less than two hundred fifty thousand | 49 |
| dollars and not more than an amount equal to two times the amount | 50 |
| of the gross pecuniary gain if that amount is more than two | 51 |
| hundred fifty thousand dollars. | 52 |
| Section 2. That existing section 3701.99 of the Revised Code | 53 |
| is hereby repealed. | 54 |