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COMMITTEE REPORT
March 20, 2002
S. 820
S. Printed 3/20/02--S.
Read the first time January 8, 2002.
To whom was referred a Bill (S. 820) to amend the Code of Laws of South Carolina, 1976, by adding Section 16-17-745 so as to make it unlawful for any person through "cloning" to grow or create, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, page 1, beginning on line 24, in Section 16-17-745, as contained in SECTION 1, by striking lines 24 through 40 and inserting therein the following:
/ "Section 16-17-745. (A) As used in this section 'clone' means to grow or create a human being from a single cell or cells of a genetically identical human being through asexual reproduction.
(B) No person shall clone, attempt to clone, or conspire to clone a human being by extracting the nucleus from any unfertilized human egg and infusing into such egg deoxyribonucleic acid from any other cell, or clone, attempt to clone, or conspire to clone a human being by any other means or method.
(C) A person violating 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 five years, or both. Each violation constitutes a separate offense.
(D) A person conspires to clone a human being when, with intent that conduct would result in the cloning of a human being, this person agrees with one or more persons to engage in or cause the cloning of a human being. /
Renumber sections to conform.
Amend title to conform.
DICK ELLIOTT for Committee.
EXPLANATION OF IMPACT:
The Judicial Department has indicated there would be no fiscal impact on the General Fund of the State nor on federal and/or other funds. The Judicial Department is not expecting a significant number of criminal prosecutions to occur if this bill is passed.
Approved By:
Don Addy
Office of State Budget
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-745 SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON THROUGH "CLONING" TO GROW OR CREATE A HUMAN BEING, OR ANY HUMAN PART, OR TO CONSPIRE TO DO SO, TO DEFINE CLONING FOR THIS PURPOSE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 16-17-745. (A) As used in this section 'clone' means to grow or create a human being, or any human part, from a single cell or cells of a genetically identical human being through asexual reproduction.
(B) No person shall clone or conspire to clone a human being, or any human part, by extracting the nucleus from any unfertilized human egg and infusing into such egg deoxyribonucleic acid from any other cell, or clone or conspire to clone a human being, or any human part, by any other means or method.
(C) A person violating 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 five years, or both. Each violation constitutes a separate offense.
(D) A person conspires to clone a human being, or a human part, when, with intent that conduct would result in the cloning of a human being, or human part, such person agrees with one or more persons to engage in or cause the cloning of a human being.
(E) A license to practice a profession or occupation issued by a board, agency, or department of this State must be suspended immediately if the licensee violates subsection (A) while engaging in that profession or occupation."
SECTION 2. This act takes effect upon approval by the Governor.
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