The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
S. B. No. 94 As Introduced
As Introduced
129th General Assembly | Regular Session | 2011-2012 |
| |
Cosponsors:
Senators Faber, Grendell, Obhof, Schaffer, Wagoner
A BILL
To amend section 3701.99 and to enact sections
3701.94 and 3701.95 of the Revised Code to
prohibit human cloning, 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 sections
3701.94 and 3701.95 of the Revised Code be enacted to read as
follows:
Sec. 3701.94. (A) As used in this section:
(1) "Asexual reproduction" means the creation of a human
zygote, human blastocyst, or human embryo by any means other than
fertilization of a human egg by a human sperm.
(2) "DNA" means human deoxyribonucleic acid.
(3) "Human blastocyst" means an early stage human embryo that
is five to seven days after conception. A blastocyst has an outer
layer of cells known as the trophoblast and an interior group of
cells that is the inner cell mass.
(4) "Human cloning" means the use of asexual reproduction to
create a human zygote, human blastocyst, or human embryo that is
genetically virtually identical to an existing or previously
existing human organism.
(5) "Human embryo" means an organism of the species homo
sapiens during the earliest stages of development from one cell up
to eight weeks.
(6) "Human zygote" means a one-cell human embryo.
(B) No person or governmental entity shall knowingly do any
of the following in this state:
(1) Perform or attempt to perform human cloning;
(2) Participate in the performance or attempted performance
of human cloning;
(3) Send or receive a human embryo that is produced by human
cloning.
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 3701.94 or 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.
|
|