BILL NUMBER: SB 1344	ENROLLED
	BILL TEXT

	PASSED THE SENATE   SEPTEMBER 10, 1997
	PASSED THE ASSEMBLY   SEPTEMBER 2, 1997
	AMENDED IN ASSEMBLY   AUGUST 25, 1997
	AMENDED IN SENATE   APRIL 21, 1997

INTRODUCED BY  Senator Johnston and Assembly Member Battin

                        MARCH 11, 1997

   An act to add and repeal Sections 2260.5, 16004, and 16105 to the
Business and Professions Code, and to add and repeal Chapter 1.4
(commencing with Section 24185) to Division 20 of the Health and
Safety Code, relating to human cloning.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1344, Johnston.  Human cloning.
   Existing law regulates medical experimentation on humans.
   This bill would prohibit a person from cloning, as defined, a
human being, and from purchasing or selling an ovum, zygote, embryo,
or fetus for the purpose of cloning a human being.  The bill would
authorize the State Director of Health Services to levy
administrative penalties for violation of $1,000,000 on a
corporation, firm, clinic, hospital, laboratory, or research facility
and $250,000 on an individual, or twice the amount of pecuniary gain
from the violation, if greater, to be paid into the General Fund.
   The bill would provide that violation of the prohibition
constitutes unprofessional conduct for purposes of the Medical
Practice Act.  The bill would require city business licenses and
county business licenses to be revoked for violation of the
prohibition.
   The bill would repeal its provisions on January 1, 2003.


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


  SECTION 1.  It is the intent of the Legislature to place a
five-year moratorium on the cloning of an entire human being in order
to evaluate the profound medical, ethical, and social implications
that such a possibility raises.  It is not the intent of the
Legislature that this moratorium apply to the cloning of human cells,
human tissue, or human organs that would not result in the
replication of an entire human being.  During this moratorium period,
the State Director of Health Services should be called upon to
establish a panel of representatives from the fields of medicine,
religion, biotechnology, genetics, law, bioethics, and the general
public to evaluate those implications, review public policy, and
advise the Legislature and the Governor in this area.
  SEC. 2.  Section 2260.5 is added to the Business and Professions
Code, to read:
   2260.5.  (a) A violation of Section 24185 of the Health and Safety
Code, relating to human cloning, constitutes unprofessional conduct.

   (b) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2003, deletes or extends
that date.
  SEC. 3.  Section 16004 is added to the Business and Professions
Code, to read:
   16004.  (a) Any license issued to a business pursuant to this
chapter shall be revoked for a violation of Section 24185 of the
Health and Safety Code, relating to human cloning.
   (b) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2003, deletes or extends
that date.
  SEC. 4.  Section 16105 is added to the Business and Professions
Code, to read:
   16105.  (a) Any license issued to a business pursuant to this
chapter shall be revoked for violation of Section 24185 of the Health
and Safety Code, relating to human cloning.
   (b) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2003, deletes or extends
that date.
  SEC. 5.  Chapter 1.4 (commencing with Section 24185) is added to
Division 20 of the Health and Safety Code, to read:

      CHAPTER 1.4.  HUMAN CLONING

   24185.  (a) No person shall clone a human being.
   (b) No person shall purchase or sell an ovum, zygote, embryo, or
fetus for the purpose of cloning a human being.
   (c) For purposes of this section, "clone" means the practice of
creating or attempting to create a human being by transferring the
nucleus from a human cell from whatever source into a human egg cell
from which the nucleus has been removed for the purpose of, or to
implant, the resulting product to initiate a pregnancy that could
result in the birth of a human being.
   24187.  For violations of Section 24185, the State Director of
Health Services may, after appropriate notice and opportunity for
hearing, by order, levy administrative penalties as follows:
   (a) If the violator is a corporation, firm, clinic, hospital,
laboratory, or research facility, by a civil penalty of not more than
one million dollars ($1,000,000) or the applicable amount under
subdivision (c), whichever is greater.
   (b) If the violator is an individual, by a civil penalty of not
more than two hundred fifty thousand dollars ($250,000) or the
applicable amount under subdivision (c), whichever is greater.
   (c) If any violator derives pecuniary gain from a violation of
this section, the violator may be assessed a civil penalty of not
more than an amount equal to the amount of the gross gain multiplied
by two.
   (d) The administrative penalties shall be paid to the General
Fund.
   24189.  This chapter shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2003, deletes or extends
that date.