State of Illinois
90th General Assembly
Legislation

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90_SB1243

      20 ILCS 2310/55.46-5 new
      210 ILCS 5/10f-5 new
      210 ILCS 85/7.5 new
      225 ILCS 60/22            from Ch. 111, par. 4400-22
      720 ILCS 5/12-35 new
          Creates the Human Cloning Act.  Prohibits human  cloning.
      Prohibits  a  person  from  purchasing  or  selling  an ovum,
      zygote, embryo, or fetus for the purpose of cloning  a  human
      being.   Establishes  administrative penalties for violation.
      Amends  the  Civil  Administrative  Code  of  Illinois,   the
      Ambulatory   Surgical  Treatment  Center  Act,  the  Hospital
      Licensing  Act,  and  the  Medical  Practice  Act  of   1987.
      Provides for the revocation of various licenses for violation
      of  the Human Cloning Act.  Amends the Criminal Code of 1961.
      Prohibits a person from engaging in  activity  that  involves
      the  use of a human somatic cell for the process of producing
      a human clone.  Penalty is  a  Class  4  felony.    Effective
      immediately.
                                                    LRB9008477RCcdB
                                              LRB9008477RCcdB
 1        AN ACT in relation to cloning.
 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:
 4        Section 1. Short title.  This Act may  be  cited  as  the
 5    Human Cloning Act.
 6        Section  5.  Purpose.   It  is  the intent of the General
 7    Assembly to place a moratorium on the cloning  of  an  entire
 8    human  being  in  order  to  evaluate  the  profound medical,
 9    ethical, and social  implications  that  such  a  possibility
10    raises.    During  this  moratorium  period,  the Director of
11    Public Health shall establish a panel of representatives from
12    the fields of medicine,  religion,  biotechnology,  genetics,
13    law,  bioethics,  and  the  general  public to evaluate those
14    implications, review public policy, and  advise  the  General
15    Assembly and the Governor in this area and submit a report to
16    the General Assembly by January 1, 2001.
17        Section 10.  Human cloning prohibited.
18        (a)  No person shall clone a human being.
19        (b)  No  person  shall  purchase or sell an ovum, zygote,
20    embryo, or fetus for the purpose of cloning a human being.
21        (c)  For purposes of  this  Section,  "clone"  means  the
22    practice of creating or attempting to create a human being by
23    transferring  the  nucleus  from  a  human cell from whatever
24    source into a human egg cell from which the nucleus has  been
25    removed  for  the  purpose  of,  or to implant, the resulting
26    product to initiate a pregnancy  that  could  result  in  the
27    birth of a human being.
28        Section  15.  For violations of Section 10, the  Director
29    of  Public  Health   may,  after   appropriate   notice   and
                            -2-               LRB9008477RCcdB
 1    opportunity   for  hearing,  by  order,  levy  administrative
 2    penalties as follows:
 3        (a)  If the violator  is  a  corporation,  firm,  clinic,
 4    hospital,  laboratory,  or  research  facility,  by  a  civil
 5    penalty  of not more than $1,000,000 or the applicable amount
 6    under subsection (c), whichever is greater.
 7        (b)  If the violator is an individual, by a civil penalty
 8    of not more than $250,000  or  the  applicable  amount  under
 9    subsection (c), whichever is greater.
10        (c)  If  any  violator  derives  pecuniary  gain  from  a
11    violation of Section 10, the violator may be assessed a civil
12    penalty of not more than an amount equal to the amount of the
13    gross gain multiplied by 2.
14        (d)  The  administrative penalties shall be paid into the
15    General Revenue Fund.
16        Section 90.  Repeal.  This  Act  may  be  repealed  after
17    January  1,  2003  by  an  affirmative  vote  of  the General
18    Assembly.
19        Section 105.  The Civil Administrative Code  of  Illinois
20    is amended by adding Section 55.46-5 as follows:
21        (20 ILCS 2310/55.46-5 new)
22        Sec.  55.46-5.  Revocation of registration of sperm banks
23    that violate the Human Cloning  Act.   The  Department  shall
24    revoke  the  registration  of  a sperm bank that violates the
25    Human Cloning  Act.   This  Section  may  be  repealed  after
26    January  1,  2003  by  an  affirmative  vote  of  the General
27    Assembly.
28        Section 110.  The Ambulatory  Surgical  Treatment  Center
29    Act is amended by adding Section 10f-5 as follows:
                            -3-               LRB9008477RCcdB
 1        (210 ILCS 5/10f-5 new)
 2        Sec.  10f-5.  Revocation  of  license  for  violating the
 3    Human Cloning Act.  The Director shall revoke the license  of
 4    an  ambulatory  surgical  treatment  center that violates the
 5    Human Cloning  Act.   This  Section  may  be  repealed  after
 6    January  1,  2003  by  an  affirmative  vote  of  the General
 7    Assembly.
 8        Section 115.  The Hospital Licensing Act  is  amended  by
 9    adding Section 7.5 as follows:
10        (210 ILCS 85/7.5 new)
11        Sec.  7.5.  Revocation  of  license  for violation of the
12    Human Cloning Act.  The Director shall revoke the license  of
13    a hospital that violates the Human Cloning Act.  This Section
14    may  be repealed after January 1, 2003 by an affirmative vote
15    of the General Assembly.
16        Section 120.  The Medical Practice Act of 1987 is amended
17    by changing Section 22 as follows:
18        (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
19        Sec. 22.  Disciplinary action.
20        (A)  The  Department  may  revoke,  suspend,   place   on
21    probationary status, or take any other disciplinary action as
22    the  Department may deem proper with regard to the license or
23    visiting professor permit of any person issued under this Act
24    to practice medicine, or to treat human ailments without  the
25    use  of  drugs  and without operative surgery upon any of the
26    following grounds:
27             (1)  Performance of  an  elective  abortion  in  any
28        place, locale, facility, or institution other than:
29                  (a)  a   facility   licensed  pursuant  to  the
30             Ambulatory Surgical Treatment Center Act;
                            -4-               LRB9008477RCcdB
 1                  (b)  an institution licensed under the Hospital
 2             Licensing Act; or
 3                  (c)  an ambulatory surgical treatment center or
 4             hospitalization or care facility maintained  by  the
 5             State  or  any agency thereof, where such department
 6             or agency has authority under law to  establish  and
 7             enforce   standards   for  the  ambulatory  surgical
 8             treatment   centers,   hospitalization,   or    care
 9             facilities under its management and control; or
10                  (d)  ambulatory   surgical  treatment  centers,
11             hospitalization or care facilities maintained by the
12             Federal Government; or
13                  (e)  ambulatory  surgical  treatment   centers,
14             hospitalization or care facilities maintained by any
15             university  or college established under the laws of
16             this State and supported principally by public funds
17             raised by taxation.
18             (2)  Performance  of  an  abortion  procedure  in  a
19        wilful and wanton manner on a woman who was not  pregnant
20        at the time the abortion procedure was performed.
21             (3)  The conviction of a felony in this or any other
22        jurisdiction,  except as otherwise provided in subsection
23        B of this Section, whether or  not  related  to  practice
24        under  this  Act,  or  the  entry  of  a  guilty  or nolo
25        contendere plea to a felony charge.
26             (4)  Gross negligence in practice under this Act.
27             (5)  Engaging   in   dishonorable,   unethical    or
28        unprofessional  conduct of a character likely to deceive,
29        defraud or harm the public.
30             (6)  Obtaining  any  fee  by   fraud,   deceit,   or
31        misrepresentation.
32             (7)  Habitual  or  excessive  use  or abuse of drugs
33        defined in law as controlled substances, of  alcohol,  or
34        of any other substances which results in the inability to
                            -5-               LRB9008477RCcdB
 1        practice with reasonable judgment, skill or safety.
 2             (8)  Practicing under a false or, except as provided
 3        by law, an assumed name.
 4             (9)  Fraud  or misrepresentation in applying for, or
 5        procuring, a license under this Act or in connection with
 6        applying for renewal of a license under this Act.
 7             (10)  Making  a  false   or   misleading   statement
 8        regarding  their  skill  or  the efficacy or value of the
 9        medicine, treatment, or  remedy  prescribed  by  them  at
10        their  direction in the treatment of any disease or other
11        condition of the body or mind.
12             (11)  Allowing another person or organization to use
13        their license, procured under this Act, to practice.
14             (12)  Disciplinary  action  of  another   state   or
15        jurisdiction  against a license or other authorization to
16        practice as  a  medical  doctor,  doctor  of  osteopathy,
17        doctor of osteopathic medicine or doctor of chiropractic,
18        a certified copy of the record of the action taken by the
19        other  state  or  jurisdiction being prima facie evidence
20        thereof.
21             (13)  Violation of any provision of this Act  or  of
22        the Medical Practice Act prior to the repeal of that Act,
23        or  violation  of  the  rules,  or a final administrative
24        action  of  the  Director,  after  consideration  of  the
25        recommendation of the Disciplinary Board.
26             (14)  Dividing with  anyone  other  than  physicians
27        with  whom  the  licensee  practices  in  a  partnership,
28        Professional  Association,  limited liability company, or
29        Medical or Professional Corporation any fee,  commission,
30        rebate or other form of compensation for any professional
31        services  not  actually  and personally rendered. Nothing
32        contained in this subsection  prohibits  persons  holding
33        valid and current licenses under this Act from practicing
34        medicine  in  partnership  under a partnership agreement,
                            -6-               LRB9008477RCcdB
 1        including a limited liability partnership, in  a  limited
 2        liability  company  under  the  Limited Liability Company
 3        Act,  in  a  corporation  authorized   by   the   Medical
 4        Corporation  Act,  as  an  association  authorized by the
 5        Professional Association Act, or in a  corporation  under
 6        the   Professional   Corporation  Act  or  from  pooling,
 7        sharing, dividing or apportioning  the  fees  and  monies
 8        received  by  them  or by the partnership, corporation or
 9        association in accordance with the partnership  agreement
10        or  the  policies  of  the  Board  of  Directors  of  the
11        corporation  or  association.   Nothing contained in this
12        subsection prohibits 2 or more corporations authorized by
13        the Medical Corporation Act, from forming  a  partnership
14        or  joint  venture  of  such  corporations, and providing
15        medical, surgical and scientific research  and  knowledge
16        by  employees of these corporations if such employees are
17        licensed  under  this  Act,  or  from  pooling,  sharing,
18        dividing, or apportioning the fees and monies received by
19        the partnership or joint venture in accordance  with  the
20        partnership   or   joint   venture   agreement.   Nothing
21        contained in this subsection shall abrogate the right  of
22        2  or  more  persons,  holding valid and current licenses
23        under this Act, to each receive adequate compensation for
24        concurrently rendering professional services to a patient
25        and  divide  a  fee;  provided,  the  patient  has   full
26        knowledge  of  the  division,  and,  provided,  that  the
27        division  is made in proportion to the services performed
28        and responsibility assumed by each.
29             (15)  A finding by the  Medical  Disciplinary  Board
30        that  the  registrant  after  having  his  or her license
31        placed on probationary status or subjected to  conditions
32        or  restrictions  violated  the terms of the probation or
33        failed to comply with such terms or conditions.
34             (16)  Abandonment of a patient.
                            -7-               LRB9008477RCcdB
 1             (17)  Prescribing,      selling,      administering,
 2        distributing,  giving  or  self-administering  any   drug
 3        classified as a controlled substance (designated product)
 4        or narcotic for other than medically accepted therapeutic
 5        purposes.
 6             (18)  Promotion  of  the  sale  of  drugs,  devices,
 7        appliances or goods provided for a patient in such manner
 8        as  to  exploit  the  patient  for  financial gain of the
 9        physician.
10             (19)  Offering, undertaking or agreeing to  cure  or
11        treat disease by a secret method, procedure, treatment or
12        medicine,  or  the treating, operating or prescribing for
13        any human condition by a method, means or procedure which
14        the licensee  refuses  to  divulge  upon  demand  of  the
15        Department.
16             (20)  Immoral  conduct  in the commission of any act
17        including, but not limited to, commission of  an  act  of
18        sexual misconduct related to the licensee's practice.
19             (21)  Wilfully  making  or  filing  false records or
20        reports in his or her practice as a physician, including,
21        but not limited  to,  false  records  to  support  claims
22        against  the medical assistance program of the Department
23        of Public Aid under the Illinois Public Aid Code.
24             (22)  Wilful omission to file or record, or wilfully
25        impeding the filing or  recording,  or  inducing  another
26        person  to  omit  to  file  or record, medical reports as
27        required  by  law,  or  wilfully  failing  to  report  an
28        instance of suspected abuse or  neglect  as  required  by
29        law.
30             (23)  Being  named  as a perpetrator in an indicated
31        report by the Department of Children and Family  Services
32        under  the  Abused and Neglected Child Reporting Act, and
33        upon proof by clear  and  convincing  evidence  that  the
34        licensee  has  caused  a  child  to be an abused child or
                            -8-               LRB9008477RCcdB
 1        neglected child as defined in the  Abused  and  Neglected
 2        Child Reporting Act.
 3             (24)  Solicitation  of professional patronage by any
 4        corporation, agents or persons, or profiting  from  those
 5        representing themselves to be agents of the licensee.
 6             (25)  Gross  and  wilful  and continued overcharging
 7        for  professional  services,   including   filing   false
 8        statements  for collection of fees for which services are
 9        not rendered, including, but not limited to, filing  such
10        false  statements  for  collection of monies for services
11        not rendered from the medical assistance program  of  the
12        Department  of  Public  Aid under the Illinois Public Aid
13        Code.
14             (26)  A pattern of practice or other behavior  which
15        demonstrates incapacity or incompetence to practice under
16        this Act.
17             (27)  Mental  illness or disability which results in
18        the inability to practice under this Act with  reasonable
19        judgment, skill or safety.
20             (28)  Physical  illness,  including, but not limited
21        to, deterioration through the aging process, or  loss  of
22        motor  skill  which results in a physician's inability to
23        practice under this Act with reasonable  judgment,  skill
24        or safety.
25             (29)  Cheating   on   or   attempt  to  subvert  the
26        licensing examinations administered under this Act.
27             (30)  Wilfully   or   negligently   violating    the
28        confidentiality  between  physician and patient except as
29        required by law.
30             (31)  The use of any false, fraudulent, or deceptive
31        statement in any document connected with  practice  under
32        this Act.
33             (32)  Aiding and abetting an individual not licensed
34        under  this  Act in the practice of a profession licensed
                            -9-               LRB9008477RCcdB
 1        under this Act.
 2             (33)  Violating state or federal laws or regulations
 3        relating to controlled substances.
 4             (34)  Failure  to  report  to  the  Department   any
 5        adverse  final  action  taken  against  them  by  another
 6        licensing  jurisdiction (any other state or any territory
 7        of the United States or any foreign state or country), by
 8        any peer review body, by any health care institution,  by
 9        any   professional  society  or  association  related  to
10        practice under this Act, by any governmental  agency,  by
11        any  law  enforcement agency, or by any court for acts or
12        conduct similar to acts or conduct which would constitute
13        grounds for action as defined in this Section.
14             (35)  Failure to report to the Department  surrender
15        of  a  license  or authorization to practice as a medical
16        doctor, a doctor of osteopathy, a doctor  of  osteopathic
17        medicine,  or  doctor of chiropractic in another state or
18        jurisdiction, or surrender of membership on  any  medical
19        staff  or  in  any medical or professional association or
20        society, while under disciplinary investigation by any of
21        those authorities or bodies, for acts or conduct  similar
22        to  acts  or  conduct  which would constitute grounds for
23        action as defined in this Section.
24             (36)  Failure  to  report  to  the  Department   any
25        adverse  judgment,  settlement,  or  award arising from a
26        liability claim related to acts  or  conduct  similar  to
27        acts or conduct which would constitute grounds for action
28        as defined in this Section.
29             (37)  Failure  to transfer copies of medical records
30        as required by law.
31             (38)  Failure  to  furnish   the   Department,   its
32        investigators  or  representatives, relevant information,
33        legally requested by the  Department  after  consultation
34        with  the Chief Medical Coordinator or the Deputy Medical
                            -10-              LRB9008477RCcdB
 1        Coordinator.
 2             (39)  Violating the Health Care Worker Self-Referral
 3        Act.
 4             (40)  Willful failure to provide notice when  notice
 5        is  required under the Parental Notice of Abortion Act of
 6        1995.
 7             (41)  Failure to establish and maintain  records  of
 8        patient care and treatment as required by this law.
 9             (42)  Violating  the  Human  Cloning  Act. This item
10        (42) is inoperative upon the repeal of the Human  Cloning
11        Act.
12        All proceedings to suspend, revoke, place on probationary
13    status,   or  take  any  other  disciplinary  action  as  the
14    Department may deem proper, with regard to a license  on  any
15    of  the  foregoing  grounds, must be commenced within 3 years
16    next after receipt by the Department of a complaint  alleging
17    the  commission  of or notice of the conviction order for any
18    of  the  acts  described  herein.   Except  for  the  grounds
19    numbered (8), (9) and (29), no action shall be commenced more
20    than 5 years after the date of the incident or act alleged to
21    have violated this Section.  In the event of  the  settlement
22    of  any  claim or cause of action in favor of the claimant or
23    the reduction to final judgment of any civil action in  favor
24    of the plaintiff, such claim, cause of action or civil action
25    being grounded on the allegation that a person licensed under
26    this  Act  was  negligent  in  providing care, the Department
27    shall have an additional period of one year from the date  of
28    notification  to  the Department under Section 23 of this Act
29    of such settlement or final judgment in which to  investigate
30    and commence formal disciplinary proceedings under Section 36
31    of  this  Act, except as otherwise provided by law.  The time
32    during which the holder of the license was outside the  State
33    of  Illinois  shall not be included within any period of time
34    limiting the  commencement  of  disciplinary  action  by  the
                            -11-              LRB9008477RCcdB
 1    Department.
 2        The  entry  of  an order or judgment by any circuit court
 3    establishing that any person holding a license under this Act
 4    is a person  in  need  of  mental  treatment  operates  as  a
 5    suspension  of  that  license.   That person may resume their
 6    practice only upon the entry of a  Departmental  order  based
 7    upon  a  finding  by the Medical Disciplinary Board that they
 8    have been determined to be recovered from mental  illness  by
 9    the  court  and  upon the Disciplinary Board's recommendation
10    that they be permitted to resume their practice.
11        The Department may refuse to issue or  take  disciplinary
12    action concerning the license of any person who fails to file
13    a  return,  or to pay the tax, penalty or interest shown in a
14    filed return, or to pay any final assessment of tax,  penalty
15    or  interest,  as required by any tax Act administered by the
16    Illinois Department  of  Revenue,  until  such  time  as  the
17    requirements  of any such tax Act are satisfied as determined
18    by the Illinois Department of Revenue.
19        The  Department,   upon   the   recommendation   of   the
20    Disciplinary   Board,  shall  adopt  rules  which  set  forth
21    standards to be used in determining:
22             (a)  when  a  person  will  be  deemed  sufficiently
23        rehabilitated to warrant the public trust;
24             (b)  what  constitutes  dishonorable,  unethical  or
25        unprofessional conduct of a character likely to  deceive,
26        defraud, or harm the public;
27             (c)  what   constitutes   immoral   conduct  in  the
28        commission of any act, including,  but  not  limited  to,
29        commission  of an act of sexual misconduct related to the
30        licensee's practice; and
31             (d)  what  constitutes  gross  negligence   in   the
32        practice of medicine.
33        However,  no  such rule shall be admissible into evidence
34    in any civil action except for review of a licensing or other
                            -12-              LRB9008477RCcdB
 1    disciplinary action under this Act.
 2        In  enforcing  this  Section,  the  Medical  Disciplinary
 3    Board, upon a showing of a possible violation, may compel any
 4    individual licensed to practice under this Act,  or  who  has
 5    applied  for  licensure  or a permit pursuant to this Act, to
 6    submit to a mental  or  physical  examination,  or  both,  as
 7    required  by  and  at  the  expense  of  the Department.  The
 8    examining physician or physicians shall be those specifically
 9    designated   by   the   Disciplinary   Board.   The   Medical
10    Disciplinary Board or the Department may order the  examining
11    physician  to  present  testimony  concerning  this mental or
12    physical  examination  of  the  licensee  or  applicant.   No
13    information shall be excluded by reason of any common law  or
14    statutory  privilege  relating  to  communication between the
15    licensee  or  applicant  and  the  examining  physician.  The
16    individual to be  examined  may  have,  at  his  or  her  own
17    expense,  another  physician  of  his  or  her choice present
18    during all aspects  of  the  examination.    Failure  of  any
19    individual  to submit to mental or physical examination, when
20    directed, shall be grounds  for  suspension  of  his  or  her
21    license  until  such  time  as  the individual submits to the
22    examination if the Disciplinary Board finds, after notice and
23    hearing, that the refusal to submit to  the  examination  was
24    without  reasonable cause.  If the Disciplinary Board finds a
25    physician unable to practice because of the reasons set forth
26    in this Section, the Disciplinary Board  shall  require  such
27    physician  to  submit  to  care,  counseling, or treatment by
28    physicians approved or designated by the Disciplinary  Board,
29    as   a   condition  for  continued,  reinstated,  or  renewed
30    licensure to practice.   Any  physician,  whose  license  was
31    granted  pursuant  to  Sections 9, 17, or 19 of this Act, or,
32    continued, reinstated, renewed,  disciplined  or  supervised,
33    subject  to  such terms, conditions or restrictions who shall
34    fail to comply with such terms, conditions  or  restrictions,
                            -13-              LRB9008477RCcdB
 1    or  to  complete  a  required program of care, counseling, or
 2    treatment, as determined by the Chief Medical Coordinator  or
 3    Deputy   Medical  Coordinators,  shall  be  referred  to  the
 4    Director for a determination as to whether the licensee shall
 5    have their license suspended immediately, pending  a  hearing
 6    by  the  Disciplinary  Board.   In  instances  in  which  the
 7    Director immediately suspends a license under this Section, a
 8    hearing  upon  such  person's license must be convened by the
 9    Disciplinary Board within 15 days after such  suspension  and
10    completed  without appreciable delay.  The Disciplinary Board
11    shall have the authority to review  the  subject  physician's
12    record  of treatment and counseling regarding the impairment,
13    to the extent permitted by applicable  federal  statutes  and
14    regulations   safeguarding  the  confidentiality  of  medical
15    records.
16        An individual licensed under  this  Act,  affected  under
17    this Section, shall be afforded an opportunity to demonstrate
18    to  the  Disciplinary  Board that they can resume practice in
19    compliance with acceptable and prevailing standards under the
20    provisions of their license.
21        The Department may promulgate rules for the imposition of
22    fines in disciplinary cases, not to exceed  $5,000  for  each
23    violation  of  this Act.  Fines may be imposed in conjunction
24    with other forms of disciplinary action, but shall not be the
25    exclusive disposition of any disciplinary action arising  out
26    of  conduct  resulting  in death or injury to a patient.  Any
27    funds collected from such fines shall  be  deposited  in  the
28    Medical Disciplinary Fund.
29        (B)  The  Department shall revoke the license or visiting
30    permit of any  person  issued  under  this  Act  to  practice
31    medicine  or to treat human ailments without the use of drugs
32    and without operative  surgery,  who  has  been  convicted  a
33    second  time  of  committing  any  felony  under the Illinois
34    Controlled Substances Act, or who has been convicted a second
                            -14-              LRB9008477RCcdB
 1    time of committing a Class 1 felony under Sections  8A-3  and
 2    8A-6 of the Illinois Public Aid Code.  A person whose license
 3    or  visiting  permit  is  revoked  under this subsection B of
 4    Section 22 of this Act shall be  prohibited  from  practicing
 5    medicine  or treating human ailments without the use of drugs
 6    and without operative surgery.
 7        (C)  The Medical Disciplinary Board  shall  recommend  to
 8    the  Department  civil  penalties  and  any other appropriate
 9    discipline in disciplinary cases when the Board finds that  a
10    physician   willfully   performed  an  abortion  with  actual
11    knowledge that the person upon whom  the  abortion  has  been
12    performed  is a minor or an incompetent person without notice
13    as required under the Parental  Notice  of  Abortion  Act  of
14    1995.   Upon the Board's recommendation, the Department shall
15    impose, for the first violation, a civil  penalty  of  $1,000
16    and  for a second or subsequent violation, a civil penalty of
17    $5,000.
18    (Source: P.A.  89-18,  eff.  6-1-95;  89-201,  eff.   1-1-96;
19    89-626, eff. 8-9-96; 89-702, eff. 7-1-97.)
20        Section  125.  The  Criminal  Code  of 1961 is amended by
21    adding Section 12-35 as follows:
22        (720 ILCS 5/12-35 new)
23        Sec. 12-35.  Criminal cloning of humans.
24        (a)  No person shall engage in  activity  which  involves
25    the  use  of a human somatic cell nucleus transfer technology
26    to produce a human embryo for  the  process  of  producing  a
27    human clone.
28        (b)  Sentence.   A violation of this Section is a Class 4
29    felony.
30        (c)  Definition.  For purposes of  this  Section,  "human
31    clone"  means  a  human  being  created  by  transferring the
32    nucleus from a human cell from whatever source into  a  human
                            -15-              LRB9008477RCcdB
 1    egg  cell  from  which  the  nucleus has been removed for the
 2    purpose of, or to implant, the resulting product to  initiate
 3    a pregnancy that could result in the birth of a human being.
 4        (d)  Repealed.    This  Section  may  be  repealed  after
 5    January 1,  2003  by  an  affirmative  vote  of  the  General
 6    Assembly.
 7        Section 999.  Effective date.  This Act takes effect upon
 8    becoming law.

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