Full Text of HB3589 93rd General Assembly
HB3589sam002 93RD GENERAL ASSEMBLY
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Sen. Jeffrey M. Schoenberg
Filed: 4/29/2004
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| AMENDMENT TO HOUSE BILL 3589
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| AMENDMENT NO. ______. Amend House Bill 3589 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the Stem | 5 |
| Cell Research Act.
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| Section 5. Declaration of findings. The General Assembly | 7 |
| finds and declares
all of the following:
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| (1) An estimated 128 million Americans suffer from the | 9 |
| crippling economic
and psychological burden of chronic, | 10 |
| degenerative, and acute diseases,
including diabetes, | 11 |
| Parkinson's disease, cancer, and Alzheimer's disease.
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| (2) The costs of treatment and lost productivity of | 13 |
| chronic,
degenerative, and acute diseases in the United | 14 |
| States constitutes hundreds of
billions of dollars every | 15 |
| year. Estimates of the economic costs of these
diseases do | 16 |
| not account for the extreme human loss and suffering | 17 |
| associated
with these conditions.
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| (3) Stem cell research offers immense promise for | 19 |
| developing new medical
therapies for these debilitating | 20 |
| diseases and a critical means to explore
fundamental | 21 |
| questions of biology. Stem cell research could lead to
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| unprecedented treatments and potential cures for diabetes, | 23 |
| Alzheimer's disease,
cancer, and other diseases.
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| (4) The United States has historically been a haven for |
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| open scientific
inquiry and technological innovation, and | 2 |
| this environment, coupled with the
commitment of public and | 3 |
| private resources, has made the United States the
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| preeminent world leader in biomedicine and biotechnology.
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| (5) Open scientific inquiry and publicly funded | 6 |
| research will be essential
to realizing the promise of stem | 7 |
| cell research and to maintaining the United
States' | 8 |
| worldwide leadership in biomedicine and biotechnology. | 9 |
| Publicly funded
stem cell research, conducted under | 10 |
| established standards of open scientific
exchange, peer | 11 |
| review, and public oversight, offers the most efficient and
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| responsible means of fulfilling the promise of stem cells | 13 |
| to provide
regenerative medical therapies.
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| (6) Stem cell research, including the use of embryonic | 15 |
| stem cells for
medical research, raises significant | 16 |
| ethical and policy concerns, and, while
not unique, the | 17 |
| ethical and policy concerns associated with stem cell | 18 |
| research
must be carefully considered.
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| (7) Public policy on stem cell research must balance | 20 |
| ethical and medical
considerations. The policy must be | 21 |
| based on an understanding of the science
associated with | 22 |
| stem cell research and grounded on a thorough consideration | 23 |
| of
the ethical concerns regarding this research. Public | 24 |
| policy on stem cell
research must be carefully crafted to | 25 |
| ensure that researchers have the tools
necessary to fulfill | 26 |
| the promise of stem cell research.
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| Section 10. Policy permitting research. The policy of the | 28 |
| State of Illinois
shall be as follows:
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| (1) That research involving the derivation and use of | 30 |
| human embryonic stem
cells, human embryonic germ cells, and | 31 |
| human adult stem cells from any source,
including somatic | 32 |
| cell nuclear transplantation, shall be permitted and that
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| the ethical and medical implications of this research shall |
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| be given full
consideration.
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| (2) That research involving the derivation and use of | 3 |
| human embryonic stem
cells, human embryonic germ cells, and | 4 |
| human adult stem cells, including
somatic cell nuclear | 5 |
| transplantation, shall be reviewed by an approved
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| institutional review board, as determined by the | 7 |
| Department of Public Health.
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| Section 15. Information requirement.
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| (a) An individual receiving fertility treatment shall have | 10 |
| the option to
choose among the available means of disposing of | 11 |
| any human embryos remaining
following the fertility treatment. | 12 |
| These means may include storing the unused
embryos, donating | 13 |
| unused embryos to another individual, discarding the embryos,
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| or donating the remaining embryos for research.
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| (b) An individual who elects to donate embryos remaining | 16 |
| after
fertility treatments for research shall provide written | 17 |
| consent.
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| Section 20. Purchase or sale prohibited.
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| (a) A person may not knowingly, for valuable consideration, | 20 |
| purchase or sell
embryonic or cadaveric fetal tissue for | 21 |
| research purposes.
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| (b) For the purposes of this Section, the giving or | 23 |
| receiving of reasonable
payment for the removal, processing, | 24 |
| disposal, preservation, quality
control, storage, | 25 |
| transplantation, or implantation of the tissue does not
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| constitute purchase or sale. This Section does not prohibit | 27 |
| reimbursement for
removal, storage, or transportation of | 28 |
| embryonic or cadaveric fetal tissue for
research purposes | 29 |
| pursuant to this Act.
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| (c) A person who knowingly purchases or sells embryonic or | 31 |
| cadaveric fetal
tissue for research purposes in violation of | 32 |
| subsection (a) of this Section is
guilty of a Class A |
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| misdemeanor for the first conviction and a Class 4 felony
for | 2 |
| subsequent convictions.
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| (d) Embryonic or cadaveric fetal tissue may be donated for | 4 |
| research purposes
pursuant to this Act.
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| Section 25. Liability.
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| (a) Except as provided in subsection (b) of this Section, | 7 |
| procuring,
furnishing, donating, processing, distributing, or | 8 |
| using embryonic or cadaveric
fetal tissue for research purposes | 9 |
| pursuant to this Act is declared for the
purposes of liability | 10 |
| in tort or contract to be the rendition of a service by
every | 11 |
| person, firm, or corporation participating therein, whether or | 12 |
| not
remuneration is paid, and is declared not to be a sale of | 13 |
| any such items and no
warranties of any kind or description nor | 14 |
| strict tort liability shall be
applicable thereto.
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| (b) A person, firm, or corporation involved in the | 16 |
| rendition of a service
described in subsection (a) of this | 17 |
| Section warrants to the person, firm, or
corporation receiving | 18 |
| the service that he or she has exercised due care and
followed | 19 |
| professional standards of care in providing the service | 20 |
| according to
the current state of the medical arts.
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| Section 30. Cloning of human being; criminal penalty. A | 22 |
| person who knowingly engages or assists, directly or | 23 |
| indirectly, in the cloning of a human being is guilty of a | 24 |
| Class 1 felony.
As used in this Section, "cloning of a human | 25 |
| being" means the replication of a human individual by | 26 |
| cultivating a cell with genetic material through the egg, | 27 |
| embryo, fetal, and newborn stages into a new human | 28 |
| individual.".
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