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 CERTAIN TERMS; TO PROVIDE CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS OF THIS ACT; TO CREATE THE STEM CELL RESEARCH ADVISORY COMMITTEE AND PROVIDE FOR ITS DUTIES; 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 the genetic 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 with a human or predominantly human genetic constitution.
(b) "Somatic cell" means a cell having a complete set of chromosomes obtained from a living or deceased human body at any stage of development.
(c) "Embryo" means an organism of the species Homo sapiens from the single cell stage to eight (8) weeks development.
(d) "Fetus" means an organism of the species Homo sapiens from eight (8) weeks development until complete expulsion or extraction from a woman's body, or removal from an artificial womb or other similar environment designed to nurture the development of such organism.
SECTION 3. (1) It shall be unlawful for any person or entity, public or private, to intentionally or knowingly:
(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 for any purpose; this subsection shall not apply to any person who has received a product of human cloning as a part of a medical treatment in a jurisdiction where such treatment is lawful; or
(d) Transfer or receive, in whole or in part, any oocyte, embryo, fetus or human somatic cell for the purpose of human cloning.
(2) (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 Ten Thousand Dollars ($10,000.00) 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).
(3) Nothing in this statute shall restrict areas of scientific research not specifically prohibited by this statute, including in vitro fertilization, the administration of fertility enhancing drugs, research in the use of nuclear transfer or other cloning techniques to produce molecules, DNA, tissues, organs, plants, or animals other than humans, or cells other than human embryos.
SECTION 4. (1) It is the intent of the Legislature that the sanctity and dignity of human life should be a paramount concern of all. To further that end, this legislation establishes a "Stem Cell Research Advisory Committee." This committee shall consist of an appointee of the Dean of the University of Mississippi Medical School, an appointee of the Governor, an appointee of the Speaker of the House of Representatives, and an appointee of the Lieutenant Governor. The Chaplain of the University Medical Center shall serve as an advisory ex officio member of the committee.
(2) The duties of this advisory committee will be to examine the state of research in Mississippi concerning human stem cells, cloning of human cells, human embryos and human oocytes. The chairman of this advisory committee shall convene meetings of the committee at such times as the chairman feels are necessary to produce a report for the Legislature and Governor before July 2007. The chairman of the committee will be the person appointed by the Dean of the University of Mississippi Medical School.
(3) It is the intent of the Legislature that any funds appropriated by the Legislature to support medical research be used to support research that improves life and combats disease. No state appropriated funds may be used to support research banned by this act.
(4) This section shall stand repealed on July 2, 2007.
SECTION 5. This act shall take effect and be in force from and after July 1, 2006.