LRB-2257/1
MGD:kmg:pg
2003 - 2004 LEGISLATURE
April 8, 2003 - Introduced by Representatives Sherman, Miller, Berceau, Morris,
J. Lehman and Plouff, cosponsored by Senators M. Meyer and A. Lasee.
Referred to Committee on Public Health.
AB246,1,2
1An Act to create 146.347 of the statutes;
relating to: nontherapeutic human
2cloning and providing penalties.
Analysis by the Legislative Reference Bureau
This bill prohibits any person from engaging in or attempting to engage in
human cloning. "Human cloning" is defined to mean any form of human
reproduction that: 1) does not involve the union of an egg cell and a sperm cell; and
2) is undertaken for the purpose of initiating a pregnancy that is intended to result
in the birth of a human being with genetic material that is virtually identical to the
genetic material of a human embryo or fetus or another born individual (regardless
of whether that individual is alive or dead). Any person who violates this prohibition
may be fined or sentenced to a term of imprisonment (consisting of a term of
confinement in state prison followed by a term of extended supervision) of up to ten
years or both. The maximum fine under the bill is: 1) $250,000 or, if the person
derives a pecuniary gain from the violation, an amount equal to twice the gross
amount of the person's pecuniary gain, whichever is greater, if the violation was
committed by an individual; or 2) $500,000 or, if the person derives a pecuniary gain
from the violation, an amount equal to twice the gross amount of the person's
pecuniary gain, whichever is greater, if the violation was committed by a corporation,
partnership, association, government, government agency, or any other entity.
In addition, any individual who clones or attempts to clone a human being is
subject to a forfeiture of not more than the greater of $5,000,000 or double any
monetary gain that the individual derived from his or her violation. If the person
violating the prohibition is not an individual, the maximum forfeiture is the greater
of $10,000,000 or double any monetary gain that the person derived from the
violation.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB246, s. 1
1Section
1. 146.347 of the statutes is created to read:
AB246,2,2
2146.347 Human cloning prohibited. (1) In this section:
AB246,2,43
(a) "Asexual reproduction" means reproduction not initiated by the union of an
4oocyte and a sperm.
AB246,2,85
(b) "Human cloning" means asexual reproduction undertaken for the purpose
6of initiating a pregnancy that is intended to result in the birth of a human being
7whose genetic material is virtually identical to the genetic material of an existing or
8previously existing human organism.
AB246,2,99
(c) "Human organism" includes a human embryo.
AB246,2,10
10(2) No person may engage in human cloning.
AB246,2,13
11(3) (a) Any person who violates sub. (2) is guilty of a Class G felony, except that,
12notwithstanding the maximum fine specified in s. 939.50 (3) (g), the person may be
13fined under par. (b).
AB246,2,1614
(b) 1. The maximum fine for an individual who violates sub. (2) is $250,000 or,
15if the individual derives pecuniary gain from the violation, an amount equal to twice
16the gross gain, whichever is greater.
AB246,3,3
12. The maximum fine for a person other than an individual who violates sub.
2(2) is $500,000 or, if the person derives pecuniary gain from the violation, an amount
3equal to twice the gross gain, whichever is greater.
AB246,3,5
4(4) (a) Any individual who violates sub. (2) may be required to forfeit not more
5than the greater of the following:
AB246,3,66
1. Five million dollars.
AB246,3,87
2. If the individual derives pecuniary gain from the violation, an amount equal
8to twice the gross gain.
AB246,3,109
(b) Any person other than an individual who violates sub. (2) may be required
10to forfeit not more than the greater of the following:
AB246,3,1111
1. Ten million dollars.
AB246,3,1312
2. If the person derives pecuniary gain from the violation, an amount equal to
13twice the gross gain.
