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Sub. S. B. No. 243 As Reported by the Senate Health, Human Services and Aging Committee
As Reported by the Senate Health, Human Services and Aging Committee
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Senators Carey, Coughlin, Faber, Gibbs, Grendell, Jones, Schaffer
A BILL
To amend section 3701.99 and to enact section 3701.95
of the Revised Code to prohibit the creation,
transportation, or receipt of a human-animal
hybrid, the transfer of a nonhuman embryo into a
human womb, and the transfer of a human embryo
into a nonhuman womb.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3701.99 be amended and section
3701.95 of the Revised Code be enacted to read as follows:
Sec. 3701.95. (A) As used in this section:
(1) "Human-animal hybrid" means any of the following:
(a) A human embryo into which a nonhuman cell or a component
of a nonhuman cell is introduced so that it is uncertain whether
the human embryo is a member of the species homo sapiens;
(b) A hybrid human-animal embryo produced by fertilizing a
human egg with a nonhuman sperm;
(c) A hybrid human-animal embryo produced by fertilizing a
nonhuman egg with a human sperm;
(d) An embryo produced by introducing a nonhuman nucleus into
a human egg;
(e) An embryo produced by introducing a human nucleus into a
nonhuman egg;
(f) An embryo containing at least haploid sets of chromosomes
from both a human and a nonhuman life form;
(g) A nonhuman life form engineered such that human gametes
develop within the body of a nonhuman life form;
(h) A nonhuman life form engineered such that it contains a
human brain or a brain derived wholly or predominately from human
neural tissues.
(2) "Human embryo" means an organism of the species homo
sapiens during the earliest stages of development from one cell up
to eight weeks.
(B) No person shall knowingly do any of the following:
(1) Create or attempt to create a human-animal hybrid;
(2) Transfer or attempt to transfer a human embryo into a
nonhuman womb;
(3) Transfer or attempt to transfer a nonhuman embryo into a
human womb;
(4) Transport or receive for any purpose a human-animal
hybrid.
(C) Nothing in this section prohibits either of the
following:
(1) Research involving the use of transgenic animal models
containing human genes;
(2) Xenotransplantation of human organs, tissues, or cells
into recipient animals other than animal embryos.
Sec. 3701.99. (A) Whoever violates division (C) of section
3701.23, division (C) of section 3701.232, division (C) of section
3701.24, division (B) of section 3701.25, division (I) of section
3701.262, division (D) of section 3701.263, or sections 3701.46 to
3701.55 of the Revised Code is guilty of a minor misdemeanor on a
first offense; on each subsequent offense, the person is guilty of
a misdemeanor of the fourth degree.
(B) Whoever violates section 3701.82 of the Revised Code is
guilty of a misdemeanor of the first degree.
(C) Whoever violates section 3701.352 or 3701.81 of the
Revised Code is guilty of a misdemeanor of the second degree.
(D) Whoever violates section 3701.95 of the Revised Code
shall be subject to the following:
(1) A term of imprisonment of not more than five years;
(2) If the offender derives pecuniary gain as a result of the
violation, a fine of not less than one million dollars and not
more than an amount equal to two times the amount of the gross
pecuniary gain if that amount is more than one million dollars.
Section 2. That existing section 3701.99 of the Revised Code
is hereby repealed.
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