SB2934 93RD GENERAL ASSEMBLY

LRB093 20935 RXD 46913 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2934

Introduced 2/6/2004, by William R. Haine

SYNOPSIS AS INTRODUCED:

New Act

Creates the Human Cloning and Adult Stem Cell Research Act. Provides that a person shall not intentionally or knowingly: (1) perform or attempt to perform human cloning, (2) participate in performing or in an attempt to perform human cloning, (3) transfer or receive a cloned human embryo for any purpose, or (4) transfer or receive any oocyte, human embryo, fetus, or human somatic cell for the purpose of human cloning. Provides that research involving the derivation and use of human adult stem cells and stem cells derived from umbilical cord blood and from placenta shall be encouraged and permitted and any research involving the derivation and use of human adult stem cells shall be reviewed by an approved institutional review board as determined by the Department of Public Health. Imposes civil and criminal penalties for a violation of the Act.

A BILL FOR

AN ACT concerning public health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Human Cloning and Adult Stem Cell Research Act.

Section 5. Purpose. The purpose of this Act is to prohibit human cloning for any purpose, whether for reproductive or research purposes, and to establish as the policy of the State that research involving the derivation and use of human adult stem cells and stem cells derived from umbilical cord blood and from placenta shall be encouraged and permitted and that the ethical and medical implications of this research shall be given full consideration.

Section 10. Definitions. In this Act:

"Fetus" means a living organism of the species homo sapiens from 8 weeks' development until complete expulsion or extraction from a woman's body, or until removal from an artificial womb or other similar environment designed to nurture the development of such organism.

"Human cloning" means human asexual reproduction, accomplished by introducing the genetic material of a human somatic cell into a fertilized or unfertilized oocyte whose nucleus has been or will be removed or inactivated, to produce a living organism with a human or predominantly human genetic constitution.

"Human embryo" means a living organism of the species homo sapiens from the single-celled state to 8 weeks' development.

"Human somatic cell" means a cell having a complete set of chromosomes obtained from a living or deceased human organism of the species home sapiens at any stage of development.

"Oocyte" means a female germ cell, an ovum.

Section 15. Human cloning prohibition.

(a) A person shall not intentionally or knowingly do any of the following:

(1) Perform or attempt to perform human cloning.

(2) Participate in performing or in an attempt to perform human cloning.

(3) Transfer or receive a cloned human embryo for any purpose.

(4) Transfer or receive, in whole or in part, any oocyte, human embryo, fetus, or human somatic cell, for the purpose of human cloning.

(b) This Section shall not restrict areas of scientific research not specifically prohibited, including in vitro fertilization, the administration of fertility enhancing drugs, or research in the use of nuclear transfer or other cloning techniques to produce molecules, deoxyribonucleic acid, tissues, organs, plants, animals other than humans, or cells other than human embryos.

Section 20. Policy encouraging research. The policy of the State shall be as follows:

(a) That research involving the derivation and use of human adult stem cells and stem cells derived from umbilical cord blood and from placenta shall be encouraged and permitted and the ethical and medical implications of this research shall be given full consideration.

(b) Research involving the derivation and use of human adult stem cells shall be reviewed by an approved institutional review board, as determined by the Department of Public Health.

Section 25. Penalty.

(a) A person who violates Section 15 is guilty of a Class B misdemeanor.

(b) A person who violates Section 15 in a manner that results in a pecuniary gain:

(1) Shall be liable for a civil penalty to be enforced by the State's Attorney's Office or the Office of the Illinois Attorney General, if the violator is an individual, of not more than $250,000 or an amount equal to the amount of gross gain multiplied by 2, whichever is greater.

(2) Shall be liable for a civil penalty to be enforced by the State's Attorney's Office or the Office of the Illinois Attorney General, if the violator is a corporation, firm, clinic, hospital, laboratory, or research facility, of not more than $1,000,000 or an amount of gross gain multiplied by 2, whichever is greater.

(c) A violation of Section 15, is grounds for revocation or denial of an application or renewal of any license, permit, certification, or any other form of permission required to practice or engage in any trade, occupation, or profession regulated by the State.

(d) Whenever the Attorney General or a State's Attorney has reason to believe that any person is engaging in a violation of Section 15, and that proceedings would be in the public interest, he or she may bring an action in the name of the People of the State against such person to restrain the violation by preliminary or permanent injunction and the court may, in its discretion, grant such relief.