BILL NUMBER: SB 1555	CHAPTERED
	BILL TEXT

	CHAPTER   865
	FILED WITH SECRETARY OF STATE   SEPTEMBER 25, 1996
	APPROVED BY GOVERNOR   SEPTEMBER 24, 1996
	PASSED THE SENATE   AUGUST 29, 1996
	PASSED THE ASSEMBLY   AUGUST 21, 1996
	AMENDED IN ASSEMBLY   AUGUST 6, 1996
	AMENDED IN ASSEMBLY   JULY 1, 1996
	AMENDED IN ASSEMBLY   JUNE 19, 1996
	AMENDED IN SENATE   APRIL 23, 1996
	AMENDED IN SENATE   APRIL 11, 1996

INTRODUCED BY  Senator Hayden
   (Coauthors:  Assembly Members Goldsmith, House, and Napolitano)


                        FEBRUARY 15, 1996

   An act to add Section 367g to the Penal Code, relating to crimes.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1555, Hayden.   Sperm, ova, or embryos:  use and implantation
without authorization.
   Existing law generally prohibits the transfer of any human organ
for purposes of transplantation for valuable consideration.
   This bill would make it a felony for anyone to knowingly use
sperm, ova, or embryos in assisted reproduction technology, for any
purpose other than that indicated by the sperm, ova, or embryo
provider's signature on a written consent form, or to implant sperm,
ova, or embryos, through the use of assisted reproduction technology,
into a recipient who is not the sperm, ova, or embryo provider,
without the signed written consent of the sperm, ova, or embryo
provider and recipient.  By creating new crimes, this bill would
impose a state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature finds and declares the following:
   (a) At least 60 California families allege that, in the last
decade, medical personnel at fertility clinics at the University of
California at Irvine and the University of California at San Diego
transferred their sperm, ova, or embryos to researchers or implanted
their sperm, ova, or embryos into other women without their signed
written consent.
   (b) The fertility industry is a multibillion dollar industry with
hundreds of fertility clinics nationwide.
   (c) The continued risk of these unethical transfers and
implantations without informed consent warrants stronger legislative
protections for California families undergoing in vitro and other
assisted reproduction procedures.
   (d) Physicians and other medical personnel must obtain signed
written consent from patients before performing in vitro and other
assisted reproduction procedures.
  SEC. 2.  Section 367g is added to the Penal Code, to read:
   367g.  (a) It shall be unlawful for anyone to knowingly use sperm,
ova, or embryos in assisted reproduction technology, for any purpose
other than that indicated by the sperm, ova, or embryo provider's
signature on a written consent form.
   (b) It shall be unlawful for anyone to knowingly implant sperm,
ova, or embryos, through the use of assisted reproduction technology,
into a recipient who is not the sperm, ova, or embryo provider,
without the signed written consent of the sperm, ova, or embryo
provider and recipient.
   (c)  Any person who violates this section shall be punished by
imprisonment in the state prison for three, four, or five years, by a
fine not to exceed fifty thousand dollars ($50,000), or by both that
fine and imprisonment.
   (d) Written consent, for the purposes of this section, shall not
be required of men who donate sperm to a licensed tissue bank.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
   Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.