South Carolina General Assembly
115th Session, 2003-2004

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H. 3819

STATUS INFORMATION

General Bill
Sponsors: Reps. Delleney, Haskins, Altman, G. Brown, Duncan, Emory, Frye, Hamilton, Keegan, Kirsh, Koon, Loftis, J.M. Neal, Pinson, E.H. Pitts, M.A. Pitts, Talley, Taylor, Toole, Vaughn, Viers, Walker, Simrill, Gilham and G.R. Smith
Document Path: l:\council\bills\nbd\11406ac03.doc

Introduced in the House on March 19, 2003
Introduced in the Senate on June 4, 2003
Currently residing in the Senate Committee on Judiciary

Summary: Prohibition of Human Cloning Act

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   3/19/2003  House   Introduced and read first time HJ-13
   3/19/2003  House   Referred to Committee on Judiciary HJ-13
   5/28/2003  House   Committee report: Favorable Judiciary HJ-2
   5/29/2003  House   Member(s) request name added as sponsor: Simrill, Gilham
    6/3/2003  House   Member(s) request name added as sponsor: G.R.Smith
    6/3/2003  House   Read second time HJ-67
    6/4/2003  House   Read third time and sent to Senate HJ-12
    6/4/2003  Senate  Introduced and read first time SJ-19
    6/4/2003  Senate  Referred to Committee on Judiciary SJ-19

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/19/2003
5/28/2003

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

COMMITTEE REPORT

May 28, 2003

H. 3819

Introduced by Reps. Delleney, Haskins, Altman, G. Brown, Duncan, Emory, Frye, Hamilton, Keegan, Kirsh, Koon, Loftis, J.M. Neal, Pinson, E.H. Pitts, M.A. Pitts, Talley, Taylor, Toole, Vaughn, Viers and Walker

S. Printed 5/28/03--H.

Read the first time March 19, 2003.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 3819) 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", etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass:

JAMES H. HARRISON for Committee.

            

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" TO MAKE IT UNLAWFUL FOR A PERSON TO PERFORM OR PARTICIPATE IN HUMAN CLONING, TO DERIVE ANY PRODUCT FROM HUMAN CLONING, OR TO SHIP, RECEIVE, TRANSPORT, TRANSFER, OR DISTRIBUTE IN INTERSTATE COMMERCE AN EMBRYO DERIVED FROM HUMAN CLONING, TO DEFINE CLONING, TO PROVIDE CRIMINAL PENALTIES, AND TO PROVIDE FOR SUSPENSION OF THE PROFESSIONAL LICENSE OF A PERSON VIOLATING THIS ACT.

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:

(1)    '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.

(2)    'Asexual reproduction' means reproduction not initiated by the union of oocyte and sperm.

(3)    'Somatic cell' means a diploid cell, having a complete set of chromosomes, obtained or derived from a living or deceased human organism at any stage of development.

(4)    'Product' of human cloning includes stem cells and all other constituent parts of an embryo created through human cloning.

(B)    No person shall knowingly or with reckless disregard:

(1)    perform or attempt to perform human cloning or derive any product from human cloning;

(2)    participate in an attempt to perform human cloning or derive any product from human cloning;

(3)    ship, receive, transport, transfer, or distribute in intrastate commerce 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 or imprisoned for not more than ten years, or both. However, in the case of a violation that involves the derivation of a pecuniary gain, the person must be fined 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. 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.

(E)    Nothing in subsection (B) restricts areas of scientific research not specifically prohibited by this section, including research in the use of nuclear transfer or other cloning techniques to produce molecules, DNA, cells other than human embryos, tissues, organs, plants, or animals other than humans or human-animal chimera.

(F)    Subsection (B)(3) must be interpreted to apply to the maximum extent not inconsistent with the federal commerce clause."

SECTION 3.    If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION    4.    This act takes effect upon approval by the Governor.

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