AB736: Bill Text

AB736,7,6 (d) "Research" means a systematic investigation, including research development, testing, and evaluation, designed to develop or contribute to generalizable knowledge.

AB736,7,8 (3) Whoever intentionally causes the death of an in vitro human embryo is guilty of a Class E felony.

AB736,7,11 (4) Whoever, with the knowledge that any person will intentionally cause the death of the in vitro human embryo, transfers an in vitro human embryo to any person is guilty of a Class E felony.

AB736,7,14 (5) Whoever intentionally subjects an in vitro human embryo to a substantial risk of injury or death for the purpose of nontherapeutic human embryo research is guilty of a Class E felony.

AB736,7,18 (6) Whoever, with the knowledge that the in vitro human embryo will intentionally be subjected to a substantial risk of injury or death for the purpose of nontherapeutic human embryo research, transfers an in vitro human embryo to another person is guilty of a Class E felony.

AB736,7,22 (7) Whoever creates an in vitro human embryo outside of a woman's body, including through the removal of one or more cells from an existing in vitro human embryo, for the purpose of undertaking nontherapeutic human embryo research is guilty of a Class E felony.

AB736,8,2 (8) Whoever uses, transfers, or acquires any living cell or tissue that the actor knows was obtained through conduct that is described under sub. (3), (5), or (7) is guilty of a Class E felony. This subsection does not apply to a person who transfers or acquires an in vitro human embryo for the purpose of having the embryo implanted in a woman's uterus.

AB736,8,3 (9) Subsections (3) to (8) do not apply to any of the following:

AB736,8,6 (a) Cryopreserving an in vitro human embryo if the actor uses all available means to protect and preserve the life and protect, preserve, and promote the health of the embryo.

AB736,8,10 (b) Thawing an in vitro human embryo if the thawing is done for the purpose of facilitating the implantation of the embryo in a woman's uterus consistent with the criteria listed in par. (c) and if the actor uses all available means to protect and preserve the life and protect, preserve, and promote the health of the embryo.

AB736,8,14 (c) Implanting or attempting to implant an in vitro human embryo in a woman's uterus if the embryo was created by fertilization, if the implantation or attempted implantation is done for the purpose of human reproduction, and if the woman intends to carry any resultant pregnancy to term.

AB736,8,18 (d) The transfer or acquisition of an in vitro human embryo if the actor intends that the embryo be cryopreserved consistent with the criteria listed in par. (a), thawed consistent with the criteria listed in par. (b), or implanted in a woman's uterus consistent with the criteria listed in par. (c).

AB736,8,19 (e) The donor of any gamete from which an in vitro human embryo is derived.

AB736,8,21 (10) Whoever purchases or sells an in vitro human embryo is guilty of a Class E felony.

AB736, s. 3 Section 3. Nonstatutory provisions.

AB736,8,24 (1) Study of adoption of embryos and regulation of assisted reproductive services clinics.

AB736,8,25 (a) In this subsection:

AB736,9,1 1. "Clinic" means a clinic that provides assisted reproductive services.

AB736,9,3 2. "In vitro human embryo" has the meaning given in section 940.17 (2) (b) of the statutes.

AB736,9,6 (b) The joint legislative council shall study the issues relating to the adoption of in vitro human embryos and the regulation of clinics and shall prepare proposed legislation with a view toward accomplishing all of the following:

AB736,9,8 1. Reducing the number of in vitro human embryos created by clinics to a reasonable number needed for reproductive purposes.

AB736,9,10 2. Facilitating the adoption and implantation of unused in vitro human embryos created by clinics.

AB736,9,12 3. Providing a procedure by which those unused in vitro human embryos may be relinquished by their genetic parents for adoption and implantation.

AB736,9,15 4. Requiring that persons receiving assisted reproductive services at clinics be informed of the option of relinquishing their unused in vitro human embryos for adoption and implantation.

AB736,9,19 (c) The joint legislative council shall include in the study a study of current law relating to the adoption of children and other current law that might be relevant to the adoption of in vitro human embryos with a view toward modeling the proposed legislation relating to the adoption of in vitro human embryos after that current law.

AB736,9,22 (d) The joint legislative council shall report its findings, conclusions, and recommendations to the legislature in the manner provided under section 13.172 (2) of the statutes by January 1, 2003.

AB736, s. 4 Section 4. Initial applicability.

AB736,9,25 (1) The treatment of section 940.17 (3) to (7) and (10) of the statutes first applies to offenses committed on the effective date of this subsection.

AB736,10,5 (2) The treatment of section 940.17 (8) of the statutes first applies to a use, transfer, or acquisition of a living cell or tissue occurring on the effective date of this subsection, even if the conduct that is described under section 940.17 (3), (5), or (7) of the statutes and through which the cell or tissue was obtained occurred before the effective date of this subsection.

AB736,10,6 (End)