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.


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A BILL FOR

 

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1     AN ACT concerning public health.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 1. Short title. This Act may be cited as the Human
5 Cloning and Adult Stem Cell Research Act.
 
6     Section 5. Purpose. The purpose of this Act is to prohibit
7 human cloning for any purpose, whether for reproductive or
8 research purposes, and to establish as the policy of the State
9 that research involving the derivation and use of human adult
10 stem cells and stem cells derived from umbilical cord blood and
11 from placenta shall be encouraged and permitted and that the
12 ethical and medical implications of this research shall be
13 given full consideration.
 
14     Section 10. Definitions. In this Act:
15     "Fetus" means a living organism of the species homo sapiens
16 from 8 weeks' development until complete expulsion or
17 extraction from a woman's body, or until removal from an
18 artificial womb or other similar environment designed to
19 nurture the development of such organism.
20     "Human cloning" means human asexual reproduction,
21 accomplished by introducing the genetic material of a human
22 somatic cell into a fertilized or unfertilized oocyte whose
23 nucleus has been or will be removed or inactivated, to produce
24 a living organism with a human or predominantly human genetic
25 constitution.
26     "Human embryo" means a living organism of the species homo
27 sapiens from the single-celled state to 8 weeks' development.
28     "Human somatic cell" means a cell having a complete set of
29 chromosomes obtained from a living or deceased human organism
30 of the species home sapiens at any stage of development.
31     "Oocyte" means a female germ cell, an ovum.
 

 

 

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1     Section 15. Human cloning prohibition.
2     (a) A person shall not intentionally or knowingly do any of
3 the following:
4         (1) Perform or attempt to perform human cloning.
5         (2) Participate in performing or in an attempt to
6     perform human cloning.
7         (3) Transfer or receive a cloned human embryo for any
8     purpose.
9         (4) Transfer or receive, in whole or in part, any
10     oocyte, human embryo, fetus, or human somatic cell, for the
11     purpose of human cloning.
12     (b) This Section shall not restrict areas of scientific
13 research not specifically prohibited, including in vitro
14 fertilization, the administration of fertility enhancing
15 drugs, or research in the use of nuclear transfer or other
16 cloning techniques to produce molecules, deoxyribonucleic
17 acid, tissues, organs, plants, animals other than humans, or
18 cells other than human embryos.
 
19     Section 20. Policy encouraging research. The policy of the
20 State shall be as follows:
21     (a) That research involving the derivation and use of human
22     adult stem cells and stem cells derived from umbilical cord
23     blood and from placenta shall be encouraged and permitted and
24     the ethical and medical implications of this research shall be
25     given full consideration.
26     (b) Research involving the derivation and use of human
27 adult stem cells shall be reviewed by an approved institutional
28 review board, as determined by the Department of Public Health.
 
29     Section 25. Penalty.
30     (a) A person who violates Section 15 is guilty of a Class B
31 misdemeanor.
32     (b) A person who violates Section 15 in a manner that
33 results in a pecuniary gain:

 

 

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1         (1) Shall be liable for a civil penalty to be enforced
2     by the State's Attorney's Office or the Office of the
3     Illinois Attorney General, if the violator is an
4     individual, of not more than $250,000 or an amount equal to
5     the amount of gross gain multiplied by 2, whichever is
6     greater.
7         (2) Shall be liable for a civil penalty to be enforced
8     by the State's Attorney's Office or the Office of the
9     Illinois Attorney General, if the violator is a
10     corporation, firm, clinic, hospital, laboratory, or
11     research facility, of not more than $1,000,000 or an amount
12     of gross gain multiplied by 2, whichever is greater.
13     (c) A violation of Section 15, is grounds for revocation or
14 denial of an application or renewal of any license, permit,
15 certification, or any other form of permission required to
16 practice or engage in any trade, occupation, or profession
17 regulated by the State.
18     (d) Whenever the Attorney General or a State's Attorney has
19 reason to believe that any person is engaging in a violation of
20 Section 15, and that proceedings would be in the public
21 interest, he or she may bring an action in the name of the
22 People of the State against such person to restrain the
23 violation by preliminary or permanent injunction and the court
24 may, in its discretion, grant such relief.