2006 Regular Session
To: Judiciary B
By: Representative Bondurant, Beckett, Bounds, Carlton, Chism, Davis, Denny, Ellington, Fillingane, Formby, Gregory, Mims, Moore, Parker, Rotenberry, Snowden, Staples, Upshaw, Wells-Smith, Robinson (84th)
AN ACT TO PROHIBIT HUMAN CLONING; TO PROHIBIT SHIPPING OR RECEIVING EMBRYOS PRODUCED BY HUMAN CLONING; TO DEFINE "HUMAN CLONING"; TO PROVIDE CRIMINAL AND CIVIL 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 may be cited as the "Human Cloning Prohibition Act of 2006."
SECTION 2. As used in this act:
(a) "Human cloning" means human asexual reproduction, accomplished by introducing nuclear material from one or more human somatic cells into a fertilized or unfertilized oocyte whose nuclear material has been removed or inactivated so as to produce a living organism (at any stage of development) that is genetically virtually identical to an existing or previously existing human organism.
(b) "Asexual reproduction" means reproduction not initiated by the union of oocyte and sperm.
(c) "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.
SECTION 3. (1) It shall be unlawful for any person or entity, public or private, knowingly:
(a) To perform or attempt to perform human cloning;
(b) To participate in an attempt to perform human cloning; or
(c) To ship or receive for any purpose an embryo produced by human cloning.
(2) It shall be unlawful for any person or entity, public or private, knowingly to import for any purpose an embryo produced by human cloning.
(3) (a) Any person or entity that violates any provision of this section shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not more than Five Thousand Dollars ($5,000.00) or imprisoned in the county jail for not more than one (1) year, or both.
(b) Any person or entity that violates any provision of this section shall be subject to, in the case of a violation that involves the derivation of a pecuniary gain, a civil penalty of not less than One Million Dollars ($1,000,000.00) and not more than an amount equal to the amount of the gross gain multiplied by two (2), if that amount is greater than One Million Dollars ($1,000,000.00).
(4) Nothing in this section restricts areas of scientific research not specifically prohibited by this section, 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 4. This act shall take effect and be in force from and after July 1, 2006.