MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Public Health and Welfare

By: Representatives Green (72nd), Banks, Bozeman, Clarke, Coleman (65th), Evans, Flaggs, Fredericks, Green (96th), Miller, Morris, Straughter, Thornton, Wallace

AN ACT TO PROHIBIT CLONING OR CONSPIRACIES TO CLONE A HUMAN BEING; TO PROHIBIT THE PURCHASE OR SALE OF AN OVUM, ZYGOTE, EMBRYO OR FETUS FOR THE PURPOSE OF CLONING A HUMAN BEING; TO PROVIDE FOR 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. (1) No person shall clone or conspire to clone a human being.

(2) No person shall purchase or sell an ovum, zygote, embryo or fetus for the purpose of cloning a human being.

(3) For the purposes of this section, the term "clone" means the practice of creating or attempting to create a human being by transferring the nucleus from a human cell from whatever source into a human egg cell from which the nucleus has been removed for the purpose of, or to implant, the resulting product to initiate a pregnancy that could result in the birth of a human being.

(4) A person conspires to clone a human being when, with intent that conduct would result in the cloning of a human being, the person agrees with one or more persons to engage in or cause the cloning of a human being.

(5) Any person who violates subsection (1) or (2) of this section is guilty of a felony and, upon conviction thereof, shall be fined not more than Fifty Thousand Dollars ($50,000.00), or imprisoned in the State Penitentiary for not more than five (5) years, or both.

(6) In addition to or as an alternative to the penalties in subsection (5) of this section, the State Health Officer may, after appropriate notice and opportunity for a hearing, levy administrative penalties for violations of subsection (1) or (2) of this section, as follows:

(a) If the violator is a corporation, firm, clinic, hospital, laboratory, or research facility, by a civil penalty of not more than One Million Dollars ($1,000,000.00) or the applicable amount under paragraph (c), whichever is greater.

(b) If the violator is an individual, by a civil penalty of not more than Two Hundred Fifty Thousand Dollars ($250,000.00) or the applicable amount under paragraph (c), whichever is greater.

(c) If any violator derives pecuniary gain from a violation of subsection (1) or (2) of this section, the violator may be assessed a civil penalty of not more than an amount equal to the amount of the gross gain multiplied by two (2).

(d) All administrative penalties shall be paid to the State General Fund.

SECTION 2. This act shall take effect and be in force from and after its passage.