As Reported by the Senate Health, Human Services and Aging Committee

128th General Assembly
Regular Session
2009-2010
Sub. S. B. No. 243


Senator Buehrer 

Cosponsors: Senators Carey, Coughlin, Faber, Gibbs, Grendell, Jones, Schaffer 



A BILL
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


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       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 such that human gametes 24
develop within the body of a nonhuman life form;25

       (h) A nonhuman life form engineered such that it contains a 26
human brain or a brain derived wholly or predominately from human 27
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 either of the 40
following:41

       (1) Research involving the use of transgenic animal models 42
containing human genes;43

       (2) Xenotransplantation of human organs, tissues, or cells 44
into recipient animals other than animal embryos.45

       Sec. 3701.99.  (A) Whoever violates division (C) of section 46
3701.23, division (C) of section 3701.232, division (C) of section 47
3701.24, division (B) of section 3701.25, division (I) of section 48
3701.262, division (D) of section 3701.263, or sections 3701.46 to 49
3701.55 of the Revised Code is guilty of a minor misdemeanor on a 50
first offense; on each subsequent offense, the person is guilty of 51
a misdemeanor of the fourth degree.52

       (B) Whoever violates section 3701.82 of the Revised Code is 53
guilty of a misdemeanor of the first degree.54

       (C) Whoever violates section 3701.352 or 3701.81 of the 55
Revised Code is guilty of a misdemeanor of the second degree.56

       (D) Whoever violates section 3701.95 of the Revised Code 57
shall be subject to the following:58

       (1) A term of imprisonment of not more than five years;59

       (2) If the offender derives pecuniary gain as a result of the 60
violation, a fine of not less than one million dollars and not 61
more than an amount equal to two times the amount of the gross 62
pecuniary gain if that amount is more than one million dollars.63

       Section 2. That existing section 3701.99 of the Revised Code 64
is hereby repealed.65