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REFERENCE TITLE: human fetus; embryo; prohibited actions |
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State of Arizona Senate Fifty-second Legislature Second Regular Session 2016
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SB 1474 |
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Introduced by Senators Barto, Allen S, Farnsworth D, Kavanagh, Lesko, Miranda, Smith, Yarbrough, Yee; Representatives Allen J, Barton, Borrelli, Boyer, Coleman, Finchem, Gowan, Leach, Mitchell, Montenegro, Olson, Petersen, Thorpe: Senators Begay, Biggs, Burges, Donahue, Griffin, Shooter; Representatives Bowers, Fann, Farnsworth E, Gray, Kern, Lawrence, Livingston, Lovas, Mesnard, Norgaard, Rivero, Shope, Weninger
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AN ACT
Repealing section 36‑2302, Arizona Revised Statutes; Amending Title 36, chapter 23, article 1, Arizona Revised Statutes, by adding a new section 36‑2302; relating to the protection of a fetus or embryo.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Repeal
Section 36-2302, Arizona Revised Statutes, is repealed.
Sec. 2. Title 36, chapter 23, article 1, Arizona Revised Statutes, is amended by adding a new section 36-2302, to read:
36-2302. Human fetus or embryo; prohibitions; definitions
A. A person may not use a human fetus or embryo or any part, organ or fluid of the fetus or embryo resulting from an abortion in animal or human research, experimentation or study or for transplantation, except for either of the following:
1. Diagnostic or remedial procedures for the purpose of determining the life or health of the human fetus or embryo or the mother or for preserving the life or health of the human fetus or embryo or the mother.
2. A pathological study.
B. A person may not experiment on a human fetus or embryo who is intended to be aborted.
C. A person may not perform or offer to perform an abortion for which part or all of the justification or reason is that the human fetus or embryo or any part, organ or fluid of the human fetus or embryo may be used for animal or human research, experimentation or study or for transplantation.
D. A person may not knowingly sell, transfer, distribute, give away, accept, use or attempt to use any human fetus or embryo or any part, organ or fluid of the human fetus or embryo resulting from an abortion in violation of this section.
E. A person may not aid or abet the sale, transfer, distribution, other unlawful disposition, acceptance, use or attempted use of a human fetus or embryo or any part, organ or fluid of the human fetus or embryo resulting from an abortion in violation of this section.
F. For the purposes of this section:
1. "Abortion" has the same meaning as prescribed in section 36-2151.
2. "Experimentation" means the use of a human fetus or embryo or any part, organ or fluid of the human fetus or embryo resulting from an abortion in any trial, test, procedure or observation carried out with the goal of verifying, refuting or establishing the validity of a hypothesis. experimentation does not include a pathological study or a diagnostic or remedial test, procedure or observation that has the purpose of determining the life or health of the human fetus or embryo or preserving the life or health of the human fetus or embryo or the mother.
3. "Pathological study" means the examination of body tissue for diagnostic or forensic purposes.
Sec. 3. Construction
This act does not establish or recognize a right to an abortion and does not make lawful an abortion that is currently prohibited by law.
Sec. 4. Severability
If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.