ASSEMBLY, No. 2040

STATE OF NEW JERSEY

210th LEGISLATURE

INTRODUCED MARCH 11, 2002

Sponsored by:

Assemblyman MICHAEL PATRICK CARROLL

District 25 (Morris)

Assemblyman JOSEPH PENNACCHIO

District 26 (Morris and Passaic)

SYNOPSIS

    Prohibits human cloning.

CURRENT VERSION OF TEXT

    As introduced.

(Sponsorship Updated As Of: 5/6/2003)

An Act prohibiting human cloning and supplementing Title 26 of the Revised Statutes.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. As used in this act:

    "Human being" means a human organism produced by sexual or asexual reproduction, mechanical or artificial methods or techniques, or any combination of these or any other methods or techniques, and which begins as a human being at fertilization or is the immediate or intermediate product of cloning or any other method or technique.

    "Human chimera" means an organism derived from different species that contains cells, parts of cells or molecules of different genetic origin from human beings and other organisms.

    "Human cloning" means any activity that involves the creation or attempt to create a human being by means of any genetic, molecular or structural replication of one or more human beings, or by using parts of organisms, cells, parts of cells, human chimeras, or human germline gene therapy, or by means of sexual or asexual reproduction, mechanical or artificial methods or techniques, or any combination of these or other methods or techniques, including, but not limited to: somatic cell nuclear transfer, therapeutic cloning, parthenogenesis, DNA-recombinant germline gene splicing or gene transfer, in vitro fertilization, embryo splitting or flushing, or any other means of gestation or cultivation for the purpose of human cloning.

    "Human germline gene therapy" means the permanent sexual or asexual reproductive copying or replication in human progeny of human genetic material or any change in its functioning by means of changes in human germline cells, human gametes, human embryos, human fetuses or human somatic cells.

    2. No person or entity shall:

    a. engage in or attempt to engage in human cloning;

    b. purchase, sell, donate, fabricate or otherwise obtain any human or non-human haploid, diploid or pluripoid cell, sperm, oocyte, ovum, fertilized egg or ovum, blastomere, stem cell, germ cell, somatic cell, ovary, testicle, embryo, fetus, child, adult, cadaver, or other human or non-human organism or part thereof for the purpose of human cloning;

    c. harm or destroy any human or non-human embryo, fetus, child or adult, or use any human or non-human cadaver, in order to obtain any part, cell or part of a cell, for the purpose of human cloning;

    d. use any human or non-human organism or any part, cell or part of a cell thereof, in order to reprogram its DNA or RNA back to the initial stage of a human being; or

    e. otherwise engage in any research, therapy, medical practice, charity or other activity in which a human embryo or fetus is destroyed, discarded or subjected to risk or injury.

    3. a. A person or entity that violates the provisions of this act is subject to a civil penalty for each violation as follows:

    (1) if the violator is a corporation, firm, clinic, hospital, laboratory or research facility, an amount not to exceed $1,000,000 or the applicable amount under paragraph (3) of this subsection, whichever is greater;

    (2) if the violator is an individual, an amount not to exceed $250,000 or the applicable amount under paragraph (3) of this subsection, whichever is greater; and

    (3) if any violator derives pecuniary gain from a violation of this act, an amount not to exceed twice the amount of the gross gain.

    The penalty shall be collected by the Commissioner of Health and Senior Services pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).

    b. (1) The Commissioner of Health and Senior Services may issue an order directing a person or entity to cease and desist from engaging in any act or practice in violation of the provisions of this act.

    (2) Within 20 days after service of the order of cease and desist, the respondent may request a hearing on the question of whether acts or practices in violation of this act have occurred. The hearing shall be conducted pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and judicial review shall be available as provided therein.

    (3) In the case of any violation of the provisions of this act, if the Commissioner of Health and Senior Services elects not to issue a cease and desist order, or in the event of noncompliance with a cease and desist order issued pursuant to paragraph (1) of this subsection, the commissioner may institute a proceeding to obtain injunctive relief in accordance with the applicable Rules Governing the Courts of the State of New Jersey.

    c. A physician or other health care professional licensed pursuant to Title 45 of the Revised Statutes who violates the provisions of this act shall be subject to immediate revocation of that person's professional license by the appropriate licensing board.

    4. This act shall take effect immediately.

STATEMENT

    The purpose of this bill is to prohibit human cloning and any activities associated with such efforts in New Jersey.

    The bill defines human cloning to mean: any activity that involves the creation or attempt to create a human being by means of any genetic, molecular or structural replication of one or more human beings or organisms, or by using parts of organisms, cells, parts of cells, human chimeras, or germline gene therapy, or by means of sexual or asexual reproduction, mechanical or artificial methods or techniques, or any combination of these or other methods or techniques, including, but not limited to: somatic cell nuclear transfer, therapeutic cloning, parthenogenesis, DNA-recombinant germline gene splicing or gene transfer, in vitro fertilization, embryo splitting or flushing, or any other means of gestation or cultivation for the purpose of human cloning.

    Specifically, the bill provides that no person or entity shall:

∙   engage in or attempt to engage in human cloning;

∙   purchase, sell, donate, fabricate or otherwise obtain any human or non-human haploid, diploid or pluripoid cell, sperm, oocyte, ovum, fertilized egg or ovum, blastomere, stem cell, germ cell, somatic cell, ovary, testicle, embryo, fetus, child, adult, cadaver, or other human or non-human organism or part thereof for the purpose of human cloning;

∙   harm or destroy any human or non-human embryo, fetus, child or adult, or use any human or non-human cadaver, in order to obtain any part, cell or part of a cell, for the purpose of human cloning;

∙   use any human or non-human organism or any part, cell or part of a cell thereof, in order to reprogram its DNA or RNA back to the initial stage of a human being; or

∙   otherwise engage in any research, therapy, medical practice, charity or other activity in which a human embryo or fetus is destroyed, discarded or subjected to risk or injury.

    The bill imposes a civil penalty for a violation of its provisions as follows:

    -- if the violator is a corporation, firm, clinic, hospital, laboratory or research facility, an amount not to exceed either $1 million or twice the gross amount of any pecuniary gain derived from the violation, whichever is greater; and

    -- if the violator is an individual, an amount not to exceed either $250,000 or twice the gross amount of any pecuniary gain derived from the violation, whichever is greater.

    The penalty is to be collected by the Commissioner of Health and Senior Services pursuant to the "Penalty Enforcement Law of 1999," N.J.S.A.2A:58-10 et seq.

    The bill also makes a physician or other licensed health care professional who violates its provisions subject to immediate revocation of that person's professional license by the appropriate licensing board.