Introduced Version




SENATE BILL No. 372

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 16-18-2 ; IC 16-34.5.

Synopsis: Destructive research. Defines "destructive research" as research that kills or injures the subject of the research and involves the use of human embryos. Prohibits a public employee or person employed at a public facility (including a state educational institution) from conducting destructive research. Prohibits the state or a political subdivision of the state from funding destructive research. Provides that a person who conducts destructive research commits a Class A misdemeanor.

Effective: July 1, 2002.



Miller


    January 10, 2002, read first time and referred to Committee on Health and Provider Services.




Introduced

Second Regular Session 112th General Assembly (2002)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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SENATE BILL No. 372


    A BILL FOR AN ACT to amend the Indiana Code concerning health.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 16-18-2-93.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 93.5. (a) "Destructive research", for purposes of IC 16-34.5, means scientific or laboratory research, a medical or scientific procedure, or another investigatory procedure that:
        (1) kills or injures the subject of the research; and
        (2) involves the use of a human embryo that is not located in a woman's body.
    (b) The term does not include in vitro fertilization and accompanying embryo transfer to a woman's body.
    SECTION 2. IC 16-18-2-143.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 143.5. "Gamete" means a human sperm or unfertilized human ovum.
    SECTION 3. IC 16-18-2-182.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS

[EFFECTIVE JULY 1, 2002]: Sec. 182.5. "Human embryo" means a genetically complete living organism of the species homo sapiens from the single cell stage to eight (8) weeks development.
    SECTION 4. IC 16-18-2-298.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 298.5. "Public facility", for purposes of IC 16-34.5, means:
        (1) an institution owned, leased, or controlled by the state or a political subdivision of the state;
        (2) a facility owned, leased, or controlled by the state or a political subdivision of the state;
        (3) a state educational institution (as defined in IC 20-12-0.5-1 );
        (4) a hospital (as defined in section 179 of this chapter ); or
        (5) a physical asset owned, leased, or controlled by the state or a political subdivision of the state.
    SECTION 5. IC 16-34.5 IS ADDED TO THE INDIANA CODE AS A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]:
     ARTICLE 34.5. PROHIBITED RESEARCH
    Chapter 1. Prohibited Research
    Sec. 1. The state or a political subdivision of the state may not make a payment from any fund under its control for the following activities:
        (1) Knowingly or intentionally conducting destructive research.
        (2) Buying, selling, receiving, or otherwise transferring a human embryo located outside a woman's body, knowing that the human embryo will be the subject of destructive research.
         (3) Buying, selling, receiving, or otherwise transferring a gamete, knowing that the gamete will be used to produce a human embryo outside a woman's body for use in destructive research.
    Sec. 2. The state or a political subdivision of the state may not make a payment from any fund under its control to an entity that performs or funds an act described in section 1 of this chapter.
    Sec. 3. Within the scope of the person's employment, a:
        (1) public employee; or
        (2) person employed by or in a public facility;
may not participate in an act described in section 1 of this chapter.
    Sec. 4. A public facility may not be used to perform an act described in section 1 of this chapter.

    Sec. 5. A person who knowingly or intentionally violates this chapter commits conducting destructive research, a Class A misdemeanor.
    SECTION 6. [EFFECTIVE JULY 1, 2002] IC 16-34.5-1-5 , as added by this act, applies only to acts committed after June 30, 2002.