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To amend section 3701.99 and to enact section 3701.95 | 1 |
of the Revised Code to prohibit the creation, | 2 |
transportation, or receipt of a human-animal | 3 |
hybrid, the transfer of a nonhuman embryo into a | 4 |
human womb, and the transfer of a human embryo | 5 |
into a nonhuman womb. | 6 |
Section 1. That section 3701.99 be amended and section | 7 |
3701.95 of the Revised Code be enacted to read as follows: | 8 |
Sec. 3701.95. (A) As used in this section: | 9 |
(1) "Human-animal hybrid" means any of the following: | 10 |
(a) A human embryo into which a nonhuman cell or a component | 11 |
of a nonhuman cell is introduced so that it is uncertain whether | 12 |
the human embryo is a member of the species homo sapiens; | 13 |
(b) A hybrid human-animal embryo produced by fertilizing a | 14 |
human egg with a nonhuman sperm; | 15 |
(c) A hybrid human-animal embryo produced by fertilizing a | 16 |
nonhuman egg with a human sperm; | 17 |
(d) An embryo produced by introducing a nonhuman nucleus into | 18 |
a human egg; | 19 |
(e) An embryo produced by introducing a human nucleus into a | 20 |
nonhuman egg; | 21 |
(f) An embryo containing at least haploid sets of chromosomes | 22 |
from both a human and a nonhuman life form; | 23 |
(g) A nonhuman life form engineered with the intention of | 24 |
generating functional human gametes within the body of a nonhuman | 25 |
life form; | 26 |
(h) A nonhuman life form engineered such that it contains a | 27 |
human brain or a brain derived wholly from human neural tissues. | 28 |
(2) "Human embryo" means an organism of the species homo | 29 |
sapiens during the earliest stages of development from one cell up | 30 |
to eight weeks. | 31 |
(B) No person shall knowingly do any of the following: | 32 |
(1) Create or attempt to create a human-animal hybrid; | 33 |
(2) Transfer or attempt to transfer a human embryo into a | 34 |
nonhuman womb; | 35 |
(3) Transfer or attempt to transfer a nonhuman embryo into a | 36 |
human womb; | 37 |
(4) Transport or receive for any purpose a human-animal | 38 |
hybrid. | 39 |
(C) Nothing in this section prohibits any of the following: | 40 |
(1) Research involving the use of transgenic animal models | 41 |
containing human genes; | 42 |
(2) Xenotransplantation of human organs, tissues, or cells | 43 |
into recipient animals, including animals at any stage of | 44 |
development prior to birth, so long as the xenotransplantation | 45 |
does not violate a prohibition in division (B) of this section; | 46 |
(3) An individual from receiving organs, tissues, or cells | 47 |
delivered from outside of this state. | 48 |
Sec. 3701.99. (A) Whoever violates division (C) of section | 49 |
3701.23, division (C) of section 3701.232, division (C) of section | 50 |
3701.24, division (B) of section 3701.25, division (I) of section | 51 |
3701.262, division (D) of section 3701.263, or sections 3701.46 to | 52 |
3701.55 of the Revised Code is guilty of a minor misdemeanor on a | 53 |
first offense; on each subsequent offense, the person is guilty of | 54 |
a misdemeanor of the fourth degree. | 55 |
(B) Whoever violates section 3701.82 of the Revised Code is | 56 |
guilty of a misdemeanor of the first degree. | 57 |
(C) Whoever violates section 3701.352 or 3701.81 of the | 58 |
Revised Code is guilty of a misdemeanor of the second degree. | 59 |
(D) Whoever violates section 3701.95 of the Revised Code | 60 |
shall be subject to the following: | 61 |
(1) A term of imprisonment of not more than one year; | 62 |
(2) If the offender derives pecuniary gain as a result of the | 63 |
violation, a fine of not less than two hundred fifty thousand | 64 |
dollars and not more than five hundred thousand dollars. | 65 |
Section 2. That existing section 3701.99 of the Revised Code | 66 |
is hereby repealed. | 67 |