SF 695

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/21/2011 12:10pm

A bill for an act
relating to health; establishing the Human Cloning Prohibition Act; providing
penalties; proposing coding for new law in Minnesota Statutes, chapter 145.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [145.4221] HUMAN CLONING PROHIBITED.
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new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms
have the meanings given.
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new text begin (b) "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.
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new text begin (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.
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new text begin Subd. 2. new text end

new text begin Prohibition on cloning. new text end

new text begin It is unlawful for any person or entity, public
or private, to knowingly:
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new text begin (1) perform or attempt to perform human cloning;
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new text begin (2) participate in an attempt to perform human cloning;
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new text begin (3) ship or receive for any purpose an embryo produced by human cloning or any
product derived from such an embryo; and
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new text begin (4) ship or receive, in whole or in part, any oocyte, embryo, fetus, or human somatic
cell, for the purpose of human cloning.
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new text begin Subd. 3. new text end

new text begin Importation. new text end

new text begin It is unlawful for any person or entity, public or private, to
knowingly import, for any purpose, an embryo produced by human cloning.
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new text begin Subd. 4. new text end

new text begin Scientific research. new text end

new text begin Nothing in this section shall restrict areas of scientific
research not specifically prohibited by this section, including research in the use of nuclear
transfer of other cloning techniques to produce molecules, DNA, cells other than human
embryos, tissues, organs, plants, or animals other than humans.
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new text begin Subd. 5. new text end

new text begin Penalties. new text end

new text begin (a) The following criminal penalties apply:
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new text begin (1) any person or entity that knowingly or recklessly violates subdivision 2, clauses
(1) and (2), shall be guilty of a misdemeanor; and
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new text begin (2) new text end new text begin any person or entity that knowingly or recklessly violates subdivision 2, clauses
(3) and (4), shall be guilty of a misdemeanor.
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new text begin (b) Any person or entity that violates any provision of this section and derives
a pecuniary gain shall be fined $500 or twice the amount of gross gain, or any amount
determined by the court.
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new text begin Subd. 6. new text end

new text begin Severability. new text end

new text begin If any provision, section, subdivision, sentence, clause,
phrase, or word in this section or the application thereof to any person or circumstance is
found to be unconstitutional, the same is hereby declared to be severable and the remainder
of this section shall remain effective notwithstanding such unconstitutional provision. The
legislature declares that it would have passed this section and each provision, subdivision,
sentence, clause, phrase, or word thereof, regardless of the fact that any provision, section,
subdivision, sentence, clause, phrase, or word is declared unconstitutional.
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