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Senate Engrossed |
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State of Arizona Senate Forty-ninth Legislature Second Regular Session 2010
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SENATE BILL 1307 |
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AN ACT
Amending title 36, chapter 23, Arizona Revised Statutes, by adding article 2; relating to the treatment of human embryos.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 36, chapter 23, Arizona Revised Statutes, is amended by adding article 2, to read:
ARTICLE 2. TREATMENT OF EMBRYOS
36-2311. Definitions
In this article, unless the context otherwise requires:
1. "Human-animal hybrid" means any of the following:
(a) A human embryo into which a nonhuman cell or cells, or any component part of a nonhuman cell or cells, have been introduced.
(b) A hybrid human-animal embryo produced by fertilizing a human egg with a nonhuman sperm.
(c) A hybrid human-animal embryo produced by fertilizing a nonhuman egg with human sperm.
(d) An embryo produced by introducing a nonhuman nucleus into a human egg.
(e) An embryo produced by introducing a human nucleus into a nonhuman egg.
(f) An embryo containing at least haploid sets of chromosomes from both a human and a nonhuman life form.
(g) A nonhuman life form engineered so that human gametes develop within the body of a nonhuman life form.
(h) A nonhuman life form engineered so that it contains a human brain or a brain derived wholly or predominantly from human neural tissues.
2. "Human embryo" means a living organism of the species homo sapiens through the first fifty-six days of its development, excluding any time during which its development has been suspended.
3. "In vitro" means outside the human body.
4. "Nontherapeutic research" means research that is not intended to preserve the life or health of the particular human embryo subject. Nontherapeutic research does not include in vitro fertilization and accompanying embryo transfer to the body of a woman or any diagnostic test that may assist in the future care of the embryo subjected to the tests.
5. "Purchase or sell" includes an exchange of cash, an in-kind payment, reimbursement of any cost incurred in connection with the removal, processing, disposal, preservation, quality control, storage, transfer or donation of a human oocyte or embryo or any other valuable financial or nonfinancial consideration.
36-2312. Production of human embryo or human-animal hybrid; purchase or sale; prohibitions; violation; classification; exemptions
A. A person shall not intentionally or knowingly create or attempt to create an in vitro human embryo by any means other than fertilization of a human egg by a human sperm.
B. A person shall not intentionally or knowingly:
1. Create or attempt to create a human-animal hybrid.
2. Transfer or attempt to transfer a human embryo into a nonhuman womb.
3. Transfer or attempt to transfer a nonhuman embryo into a human womb.
4. Transport or receive for any purpose a human‑animal hybrid.
C. A person shall not purchase or sell or offer to purchase or sell an in vitro human embryo and shall not advertise for the purchase or sale of an in vitro human embryo. This subsection does not prohibit payment to a physician by a patient or on a patient's behalf for otherwise lawful services to treat infertility.
D. A person who violates this section is guilty of a class 1 misdemeanor.
E. This section does not prohibit either of the following if the activity does not violate subsection B or meet the definition of human‑animal hybrid:
1. Research involving the use of transgenic animal models containing human genes.
2. Xenotransplantation of human organs, tissues or cells into recipient animals other than animal embryos.
36-2313. Nontherapeutic research on human embryos; violation; classification
A. A person shall not intentionally or knowingly engage in any activity for nontherapeutic research that causes or results in the injury, death or destruction of an in vitro human embryo.
B. A person who violates this section is guilty of a class 6 felony.