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GOVERNOR SIGNS INTO LAW TOUGH PENALTIES TO COMBAT ILLICIT HARVESTING OF HUMAN TISSUE
Measure Crafted in Wake of Multi-State Body-Parts Theft Case
(TRENTON) -- Legislation Assemblywoman Valerie Vainieri Huttle and Assemblyman Herb Conaway, M.D., sponsored to establish tough criminal penalties -- including a maximum 20-year prison term -- for individuals who illicitly trade in the harvesting and sale of human body parts was signed into law today by Governor Jon S. Corzine.
Vainieri Huttle, a funeral home director, and Conaway, a physician and the chairman of the Assembly Health and Senior Services Committee, crafted their measure (A-3016) in response to a criminal investigation authorities launched in 2005 into a Fort Lee-based biomedical firm that allegedly stole and sold infected body parts from human cadavers.
"The body parts theft ring case underscored the need for a better state law making such gruesome practices a criminal offense punishable by time in prison as well as a hefty fine," said Vainieri Huttle (D-Bergen), a funeral home director. "Strong measures are needed to discourage anyone from ever again engaging in this sort of black-marketing trading of human body parts."
Under the Vainieri Huttle/Conaway measure, a person who knowingly purchases or sells a human body part for transplantation or therapy, or intentionally falsifies or forges documents relating to the donation of human remains, will be subjected to five years in jail and a $50,000 fine. The bill also makes the theft of human remains a first-degree offense, punishable by up to 20 years in jail and a $200,000 fine.
"We need laws, like this one, that keep ahead of the curve of the advances taking place in the ever-changing technology and health-care sectors," said Conaway, M.D. (Burlington/Camden). "These new, tough penalties will serve as powerful deterrents to anyone who might think about illegally harvesting human tissue and bones in the future."
The law will protect legitimate tissue recovery firms and will not interfere with their ability to charge fees for procuring tissue for human implantation.
"Families who lose a loved one need every assurance that the remains of their loved one will be treated with respect and dignity," said Vainieri Huttle.
The Brooklyn District Attorney's Office charges that Biomedical Tissue Services firm provided tainted body parts to tissue banks throughout the United States and thousands of people across the country were implanted with the body parts. A number of people have been charged with carving up more than 1,000 bodies awaiting burial or cremation to produce the organs that were later laundered through legitimate tissue banks.
To craft their bill, Vainieri Huttle and Conaway met with representatives from the New Jersey Sharing Network, the Musculoskeletal Transplant Foundation, and the New Jersey State Funeral Directors Associations, Inc. to gather ideas and develop legislation to ensure individuals involved in the illegal harvesting of body parts are to the most stringent punishment possible.
"The potential health risks involved in receiving an infected body part without any warning is beyond frightening," said Conaway. "No longer can people who attempt to profit from stealing tissue, body parts and bones from the dead escape being held accountable for these serious and revolting types of crimes."
Conaway said the law will help protect survivors of the deceased and individuals who seek implants of human tissue.
The American Association of Tissue Banks cites that more than one million Americans annually have medical procedures using body parts and tissue from more than 25,000 donors.
The law will take effect immediately.
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FOR RELEASE:
January 29, 2007
CONTACT:
Assemblywoman Vainieri Huttle
(201) 541-1118
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