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AMENDED
May 1, 2002
S. 820
S. Printed 5/1/02--H.
Read the first time April 2, 2002.
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.
Amend Title To Conform
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 2. 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 3. This act takes effect upon approval by the Governor.
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