Assigned to PSHS                                                                                                       AS PASSED BY THE SENATE

ARIZONA STATE SENATE

Forty-ninth Legislature, Second Regular Session

AMENDED

FACT SHEET FOR S.B. 1307

human embryos; treatment.

Purpose

           Prohibits a person from intentionally or knowingly creating a human-animal hybrid or purchasing or selling an in vitro human embryo and classifies the offenses as class 1 misdemeanors.  Establishes, as a class 6 felony, the crime of intentionally or knowingly engaging in any activity for nontherapeutic research that causes the injury or death of an in vitro human embryo.

Background

Human Embryos

According to the National Conference of State Legislatures (NCSL), there are four primary sources for embryonic stem cells for research: existing stem cell lines, aborted or miscarried embryos, unused in vitro fertilized embryos and cloned embryos.  Some states restrict research on aborted fetuses or embryos, but research in other states is permitted with consent of the patient. As of January 2008, almost half of the states also restrict the sale of fetuses or embryos. Louisiana is the only state that specifically prohibits research on in vitro fertilized embryos.  Illinois and Michigan also prohibit research on live embryos.

As of July 2007, 11 states allow donation of embryos, either for research or adoption purposes.  Of those 11 states, 5 also allow patients to choose to store or dispose of unused embryos (NCSL).  Additionally, California prohibits human eggs or embryos from being acquired, sold, offered for sale, or otherwise transferred for valuable consideration for medical research or therapies.  However, California also established and maintains a registry of embryos that would provide researchers with access to embryos for research purposes.  In Louisiana, in vitro fertilization patients may donate unused embryos to other married couples, but compensation cannot be paid or received by either couple to renounce parental rights. 

Arizona statute prohibits a person from knowingly using a human fetus or embryo resulting from an induced abortion in any manner for any medical experimentation or scientific or medical investigation purposes.  However, there is an exception if the medical investigation is strictly necessary to diagnose a disease or condition in the mother if the abortion was performed because of the disease or condition (A.R.S. § 36-2303).

Human-Animal Hybrids

Louisiana passed a bill in August 2009 that prohibits human-animal hybrids.  The penalty for violating the law is a maximum of 10 years imprisonment at hard labor and a fine of up to $10,000, except if the person derives financial gain the person is subject to a civil fine of $1,000,000.  Also, last year the U.S. Senate introduced the Human-Animal Hybrid Prohibition Act of 2009, which established maximum penalties of 10 years imprisonment and civil fines.  The bill was not heard.

There may be a fiscal impact associated with this legislation because it establishes an additional misdemeanor and felony offense.  The maximum penalty for a class 1 misdemeanor is six months in jail and the presumptive sentence for a class 6 felony is one year in prison.

Provisions

Human Embryos

1. Prohibits a person from intentionally or knowingly engaging in an activity for nontherapeutic research that causes or results in the injury, death or destruction of an in vitro human embryo.

2. Establishes a class 6 felony for a violation.

3. Classifies as a class 1 misdemeanor:

a) purchasing, selling or offering to purchase or sell an in vitro human embryo or

b) advertising for the purchase or sale of an in vitro human embryo.

4. Specifies that the prohibition on purchasing or selling an in vitro human embryo does not prohibit payment to a physician by a patient or on a patient’s behalf for otherwise lawful treatment of infertility.

Human-Animal Hybrids

5. Prohibits a person from intentionally or knowingly:

a) Creating or attempting to create an in vitro human embryo by any means other than fertilization of a human egg by a human sperm;

b) creating or attempting to create a human-animal hybrid;

c) transferring or attempting to transfer a human embryo into a nonhuman womb;

d) transferring or attempting to transfer a nonhuman embryo into a human womb; or

e) transporting or receiving for any purpose a human-animal hybrid.

6. Classifies a violation as a class 1 misdemeanor.

7. Specifies that this section does not prohibit either of the following if the activity does not meet the definition of human-animal hybrid or violate the prohibition on transferring a human embryo into a nonhuman womb or a nonhuman embryo into a human womb:

a) research involving the use of transgenic animal models containing human genes or

b) xenotransplantation of human organs, tissues or cells into recipient animals other than animal embryos.

Miscellaneous

8. Defines human-animal hybrid as any of the following:

a) a human embryo into which a nonhuman cell or cells, or any component part of a nonhuman cells or cells, have been introduced;

b) a hybrid human-animal embryo produced by fertilizing a human egg with a nonhuman sperm or a nonhuman egg with human sperm;

c) an embryo produced by introducing a nonhuman nucleus into a human egg or a human nucleus into a nonhuman egg;

d) an embryo containing at least haploid sets of chromosomes from both a human and a nonhuman life form;

e) a nonhuman life form engineered so that human gametes develop within the body of a nonhuman life form; or

f) a nonhuman life form engineered so that it contains a human brain or a brain derived wholly or predominantly from human neural tissues.

9. Defines nontherapeutic research as research that is not intended to preserve the life or health of the particular human embryo subject, but does not include in vitro fertilization or 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.

10. Defines human embryo, in vitro and purchase or sell.

11. Becomes effective on the general effective date.

Amendments Adopted by Committee of the Whole

· Specifies that paying for lawful infertility treatment does not violate the prohibition on purchasing human embryos and removes a violation regarding transferring a human embryo for nontherapeutic research.

Senate Action

JUD                 2/10/10     W/D

PSHS              2/17/10     DP              4-3-0-0

3^rd Read           3/3/10                          16-12-1-0

Prepared by Senate Research

March 4, 2010

AO/ly