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.