2004 Regular Session
To: Judiciary B
By: Representative Smith (39th), Bondurant, Chism, Howell, Lott, Moore, Fillingane, Upshaw
AN ACT TO CREATE THE HUMAN CLONING PROHIBITION ACT; TO DEFINE CERTAIN TERMS; TO PROVIDE FOR THE CRIMINAL OFFENSE OF HUMAN CLONING; TO PROVIDE EXCEPTIONS; TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Human Cloning Prohibition Act."
SECTION 2. The following words and phrases shall have the meanings ascribed herein, unless the context clearly indicates otherwise:
(a) "Human Cloning" means human asexual reproduction accomplished by introducing the nuclear material of a human somatic cell into a fertilized or unfertilized oocyte whose nucleus has been removed or inactivated to produce a living organism (at any stage of development) with a human or predominantly human genetic constitution;
(b) "Human somatic cell" means a diploid cell (having a complete set of chromosomes) obtained or derived from a living or deceased human body at any stage of development;
(c) "Nuclear transplantation" means transferring the nucleus of a human somatic cell into an oocyte from which the nucleus or all chromosomes have been or will be removed or rendered inert;
(d) "Nucleus" means the cell structure that houses the chromosomes and thus the genes; and
(e) "Oocyte" means the female germ cell, the egg.
SECTION 3. It shall be unlawful for any person or entity, public or private, to:
(a) Perform or attempt to perform human cloning;
(b) Participate in an attempt to perform human cloning;
(c) Transfer or receive the product of human cloning; and
(d) Transfer or receive, in whole or in part, any oocyte, embryo, fetus or human somatic cell for the purpose of human cloning.
SECTION 4. Nothing in this act shall restrict areas of scientific research not specifically prohibited by this act, including research in the use of nuclear transfer or other cloning techniques to produce molecules, DNA, cells other than human embryos, tissues, organs, plants or animals other than humans.
SECTION 5. (1) Any person or entity that knowingly or recklessly violates this act shall be guilty of a felony and upon conviction shall be fined not more than Five Thousand Dollars ($5,000.00) or imprisoned in the State Penitentiary for not more than five (5) years, or both, and shall forfeit any licenses issued by the state, medical, legal or otherwise.
(2) Any person or entity that violates any provision of this act and derives a pecuniary gain from such violation shall be fined One Million Dollars ($1,000,000.00) or twice the amount of gross gain, or any amount intermediate between the foregoing at the discretion of the court.
SECTION 6. If any one or more provision, section, subsection, sentence, clause, phrase or word of this act or the application thereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be severable and the balance of this act shall remain effective notwithstanding such unconstitutionality. The Legislature hereby declares that it would have passed this act and each provision, section, subsection, sentence, clause, phrase or word thereof, irrespective of the fact that any one or more provision, section, subsection, sentence, clause, phrase or word be declared unconstitutional.
SECTION 7. This act shall take effect and be in force from and after July 1, 2004.