House Bill 928

AN ACT TO BE KNOWN AS THE "HUMAN EMBRYO PROTECTION ACT"; TO STATE LEGISLATIVE FINDINGS RELATING TO THE USE OF HUMAN EMBRYOS CREATED TO OBTAIN EMBRYONIC STEM CELLS; TO DEFINE CERTAIN TERMS USED IN THE ACT; TO CREATE THE FELONY OF INTENTIONALLY OR KNOWINGLY DESTROYING A HUMAN EMBRYO OR TRANSFERRING A HUMAN EMBRYO OR GAMETE FOR THE PURPOSE OF RESEARCH IN WHICH THE EMBRYO WILL BE DESTROYED; TO PRESCRIBE CRIMINAL PENALTIES FOR VIOLATIONS OF THE 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 Embryo Protection Act."

SECTION 2. (1) The Legislature finds that:

(a) Human embryos are human beings at the earliest stage of development;

(b) Some human embryos are being created and then destroyed to obtain embryonic stem cells;

(c) Destroying human embryos to obtain embryonic stem cells raises grave moral, ethical, scientific and medical issues that must be addressed;

(d) The moral justification of medical or scientific research cannot be based upon the dehumanizing and utilitarian premise that the end justifies any means; and

(e) The destruction of human life is not required for medical research and treatment, which can be pursued ethically in other ways, including the use of adult stem cells.

(2) It is the purpose of this act to protect human embryos from destruction.

SECTION 3. As used in this act, the following words and phrases have the meanings ascribed in this section unless the context clearly indicates otherwise:

(a) "Human embryo" means a viable fertilized human ovum, from the single cell stage to eight (8) weeks development, that is not located in a woman's body. This term does not include a fertilized human ovum that fails to develop further over a thirty-six-hour period except when the embryo is in a state of cryopreservation.

(b) "Gamete" means a human sperm or unfertilized human ovum.

(c) "Destroy" or "destruction," when used in reference to a human embryo, means medical procedures, scientific or laboratory research, or other kinds of investigation that kill or injure the human embryo. The following are excluded from this term:

(i) In vitro fertilization and accompanying embryo transfer to a woman's body; and

(ii) Any diagnostic procedure that may benefit the human embryo subject to the tests.

SECTION 4. (1) It is unlawful for any person to:

(a) Intentionally or knowingly destroy a human embryo;

(b) Buy, sell, receive or otherwise transfer a human embryo with the knowledge that the embryo will be subjected to research in which the embryo will be destroyed; or

(c) Buy, sell, receive or otherwise transfer gametes with the knowledge that a human embryo will be produced from the gametes to be used in research in which the embryo will be destroyed.

(2) A person who is convicted of any act described in subsection (1) of this section is guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for not more than twenty (20) years, or a fine of not more than Seven Thousand Five Hundred Dollars ($7,500.00), or both.

SECTION 5. The provisions of Sections 1 through 4 of this act are severable. If any part of Sections 1 through 4 of this act is declared invalid or unconstitutional, that declaration shall not affect the part or parts that remain.

SECTION 6. This act shall take effect and be in force from and after July 1, 2011.