Bill Text: OH HB171 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: To prohibit human cloning, the creation, transportation, or receipt of a human-animal hybrid, the transfer of a nonhuman embryo into a human womb, and the transfer of a human embryo into a nonhuman womb.

Spectrum: Partisan Bill (Republican 19-0)

Status: (Introduced - Dead) 2011-03-23 - To Health & Aging [HB171 Detail]

Download: Ohio-2011-HB171-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 171

Representatives Thompson, Johnson 

Cosponsors: Representatives Derickson, Blessing, Beck, Slaby, Adams, J., Stebelton, Henne, Hall, Gardner, Carey, Hayes, Combs, Blair, Hottinger, Balderson, Mecklenborg, Dovilla 

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A BILL

To amend section 3701.99 and to enact sections

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3701.94 and 3701.95 of the Revised Code to

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prohibit human cloning, the creation,

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transportation, or receipt of a human-animal

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hybrid, the transfer of a nonhuman embryo into a

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human womb, and the transfer of a human embryo

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into a nonhuman womb.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That section 3701.99 be amended and sections	8
3701.94 and 3701.95 of the Revised Code be enacted to read as	9
follows:	10

Sec. 3701.94.  (A) As used in this section:

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(1) "Asexual reproduction" means the creation of a human	12
zygote, human blastocyst, or human embryo by any means other than	13
fertilization of a human egg by a human sperm.	14

(2) "DNA" means human deoxyribonucleic acid.

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(3) "Human blastocyst" means an early stage human embryo that	16
is five to seven days after conception. A blastocyst has an outer	17
layer of cells known as the trophoblast and an interior group of	18
cells that is the inner cell mass.	19

(4) "Human cloning" means the use of asexual reproduction to	20
create a human zygote, human blastocyst, or human embryo that is	21
genetically virtually identical to an existing or previously	22
existing human organism.	23

(5) "Human embryo" means an organism of the species homo	24
sapiens during the earliest stages of development from one cell up	25
to eight weeks.	26

(6) "Human zygote" means a one-cell human embryo.

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(B) No person or governmental entity shall knowingly do any	28
of the following in this state:	29

(1) Perform or attempt to perform human cloning;

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(2) Participate in the performance or attempted performance	31
of human cloning;	32

(3) Send or receive a human embryo that is produced by human	33
cloning.	34

Sec. 3701.95.  (A) As used in this section:

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(1) "Human-animal hybrid" means any of the following:

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(a) A human embryo into which a nonhuman cell or a component	37
of a nonhuman cell is introduced so that it is uncertain whether	38
the human embryo is a member of the species homo sapiens;	39

(b) A hybrid human-animal embryo produced by fertilizing a	40
human egg with a nonhuman sperm;	41

(c) A hybrid human-animal embryo produced by fertilizing a	42
nonhuman egg with a human sperm;	43

(d) An embryo produced by introducing a nonhuman nucleus into	44
a human egg;	45

(e) An embryo produced by introducing a human nucleus into a	46
nonhuman egg;	47

(f) An embryo containing at least haploid sets of chromosomes	48
from both a human and a nonhuman life form;	49

(g) A nonhuman life form engineered such that human gametes	50
develop within the body of a nonhuman life form;	51

(h) A nonhuman life form engineered such that it contains a	52
human brain or a brain derived wholly or predominately from human	53
neural tissues.	54

(2) "Human embryo" means an organism of the species homo	55
sapiens during the earliest stages of development from one cell up	56
to eight weeks.	57

(B) No person shall knowingly do any of the following:

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(1) Create or attempt to create a human-animal hybrid;

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(2) Transfer or attempt to transfer a human embryo into a	60
nonhuman womb;	61

(3) Transfer or attempt to transfer a nonhuman embryo into a	62
human womb;	63

(4) Transport or receive for any purpose a human-animal	64
hybrid.	65

(C) Nothing in this section prohibits either of the	66
following:	67

(1) Research involving the use of transgenic animal models	68
containing human genes;	69

(2) Xenotransplantation of human organs, tissues, or cells	70
into recipient animals other than animal embryos.	71

Sec. 3701.99.  (A) Whoever violates division (C) of section	72
3701.23, division (C) of section 3701.232, division (C) of section	73
3701.24, division (B) of section 3701.25, division (I) of section	74
3701.262, division (D) of section 3701.263, or sections 3701.46 to	75
3701.55 of the Revised Code is guilty of a minor misdemeanor on a	76
first offense; on each subsequent offense, the person is guilty of	77
a misdemeanor of the fourth degree.	78

(B) Whoever violates section 3701.82 of the Revised Code is	79
guilty of a misdemeanor of the first degree.	80

(C) Whoever violates section 3701.352 or 3701.81 of the	81
Revised Code is guilty of a misdemeanor of the second degree.	82

(D) Whoever violates section 3701.94 or 3701.95 of the	83
Revised Code shall be subject to the following:	84

(1) A term of imprisonment of not more than five years;

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(2) If the offender derives pecuniary gain as a result of the	86
violation, a fine of not less than one million dollars and not	87
more than an amount equal to two times the amount of the gross	88
pecuniary gain if that amount is more than one million dollars.	89

Section 2. That existing section 3701.99 of the Revised Code	90
is hereby repealed.	91