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2001 SESSION

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014156212
HOUSE BILL NO. 2463 Offered January 10, 2001 Prefiled January 10, 2001 A BILL to amend the Code of Virginia by adding in Title 32.1 a chapter numbered 5.2, consisting of sections numbered 32.1-162.21 and 32.1-162.22, relating to human cloning. ---------- Patrons-- McDonnell, Black, Cox and Tata ---------- Referred to Committee on Health, Welfare and Institutions ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Title 32.1 a chapter numbered 5.2, consisting of sections numbered 32.1-162.21 and 32.1-162.22, as follows:

CHAPTER 5.2. HUMAN CLONING.

§ 32.1-162.21. Definitions.

As used in this chapter, unless the context clearly requires another meaning:

"Cloning" means the production of a precise genetic copy of a molecule, including deoxyribonucleic acid (DNA), or of chromosomes.

"Human cloning" means the creation of or attempt to create a human being by transferring the nucleus from a human cell from whatever source into a human oocyte from which the nucleus has been removed for the purpose of implanting the resulting product or attempting to implant the resulting product to initiate a pregnancy that could result in the birth of a human being.

"Nucleus" means the cell structure that houses the chromosomes and, thus, the genes.

"Oocyte" means the ovum or egg.

"Somatic cell" means a mature, diploid cell, i.e., a cell having a complete set of chromosomes.

"Somatic cell nuclear transfer" means transferring the nucleus of a somatic cell of an existing or deceased human into an oocyte from which the chromosomes are removed or rendered inert.

§ 32.1-162.22. Human cloning prohibited; civil penalty.

A. No person shall (i) implant or attempt to implant the product of somatic cell nuclear transfer into a woman's uterus or (ii) ship the product of a somatic cell nuclear transfer in commerce for the purpose of implanting the product of somatic cell nuclear transfer into a woman's uterus.

B. This section shall not be construed to restrict biomedical and agricultural research or practices unless expressly prohibited herein, including research or practices that involve the use of (i) somatic cell nuclear transfer or other cloning technologies to clone molecules, including DNA, cells, or tissues; (ii) gene therapy; or (iii) somatic cell nuclear transfer techniques to create animals other than humans.

C. In addition to any other penalty provided by law, any person violating the provisions of this section shall be liable for a civil penalty in an amount not to exceed $50,000 for each incident.