H 4408 General Bill, By Haskins, Wilkins, Bingham, Vaughn, Simrill, Altman, 
Rodgers, Walker, Robinson and Barrett
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 16-17-745 SO AS TO ENACT THE "PROHIBITION OF HUMAN CLONING ACT" MAKING IT
 UNLAWFUL FOR ANY PERSON TO PERFORM, ATTEMPT TO PERFORM, OR TO PARTICIPATE IN
 HUMAN CLONING OR TO SHIP, RECEIVE, OR IMPORT AN EMBRYO PRODUCED BY HUMAN
 CLONING AND TO PROVIDE PENALTIES.

   12/05/01  House  Prefiled
   12/05/01  House  Referred to Committee on Judiciary
   01/08/02  House  Introduced and read first time HJ-28
   01/08/02  House  Referred to Committee on Judiciary HJ-29
   01/09/02  House  Member(s) request name added as sponsor: Barrett

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-745 SO AS TO ENACT THE "PROHIBITION OF HUMAN CLONING ACT" MAKING IT UNLAWFUL FOR ANY PERSON TO PERFORM, ATTEMPT TO PERFORM, OR TO PARTICIPATE IN HUMAN CLONING OR TO SHIP, RECEIVE, OR IMPORT AN EMBRYO PRODUCED BY HUMAN CLONING AND TO PROVIDE PENALTIES.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    This act may be cited as the "Prohibition of Human Cloning Act".

SECTION    2.    The 1976 Code is amended by adding:

    "Section 16-17-745.    (A)    As used in this section '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.

    (B)    No person shall knowingly:

        (1)    perform or attempt to perform human cloning;

        (2)    participate in an attempt to perform human cloning;

        (3)    ship or receive for any purpose an embryo produced by human cloning or any product derived from such embryo;

        (4)    to import for any purpose an embryo produced by human cloning or any product derived from such embryo.

    (C)    A person who violates subsection (B) is guilty of a felony and, upon conviction, must be fined not more than one hundred thousand dollars, but in the case of a violation that involves the derivation of a pecuniary gain, not less than one million dollars and not more than an amount equal to the amount of the gross gain multiplied by two, if that amount is greater than one million dollars, or imprisoned for not more than ten years, or both. Each violation constitutes a separate offense.

    (D)    A license to practice a profession or occupation issued by a board, agency, or department of this State must be suspended immediately upon conviction of a licensee violating subsection (B) while engaging in that profession or occupation."

SECTION    2.    This act takes effect upon approval by the Governor.