PUBLIC LAW 104–305—OCT. 13, 1996 110 STAT. 3807

Public Law 104–305

104th Congress

An Act

To combat drug-facilitated crimes of violence, including sexual assaults.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Drug-Induced Rape Prevention

and Punishment Act of 1996’’.

SEC. 2. PROVISIONS RELATING TO USE OF A CONTROLLED SUBSTANCE

WITH INTENT TO COMMIT A CRIME OF VIOLENCE.

(a) PENALTIES FOR DISTRIBUTION.—Section 401(b) of the

Controlled Substances Act is amended by adding at the end the

following:

‘‘(7) PENALTIES FOR DISTRIBUTION.—

‘‘(A) IN GENERAL.—Whoever, with intent to commit a crime

of violence, as defined in section 16 of title 18, United States

Code (including rape), against an individual, violates subsection

(a) by distributing a controlled substance to that individual

without that individual’s knowledge, shall be imprisoned not

more than 20 years and fined in accordance with title 18,

United States Code.

‘‘(B) DEFINITION.—For purposes of this paragraph, the term

‘without that individual’s knowledge’ means that the individual

is unaware that a substance with the ability to alter that

individual’s ability to appraise conduct or to decline participation in or communicate unwillingness to participate in conduct

is administered to the individual.’’.

(b) ADDITIONAL PENALTIES RELATING TO FLUNITRAZEPAM.—

(1) GENERAL PENALTIES.—Section 401 of the Controlled

Substances Act (21 U.S.C. 841) is amended—

(A) in subsection (b)(1)(C), by inserting ‘‘, or 1 gram

of flunitrazepam,’’ after ‘‘I or II’’; and

(B) in subsection (b)(1)(D), by inserting ‘‘or 30

milligrams of flunitrazepam,’’ after ‘‘schedule III,’’.

(2) IMPORT AND EXPORT PENALTIES.—

(A) Section 1009(a) of the Controlled Substances Import

and Export Act (21 U.S.C. 959(a)) is amended by inserting

‘‘or flunitrazepam’’ after ‘‘I or II’’.

(B) Section 1010(b)(3) of the Controlled Substances

Import and Export Act (21 U.S.C. 960(b)) is amended by

inserting ‘‘or flunitrazepam,’’ after ‘‘I or II,’’.

(C) Section 1010(b)(4) of the Controlled Substances

Import and Export Act is amended by inserting ‘‘(except

a violation involving flunitrazepam)’’ after ‘‘III, IV, or V,’’.

21 USC 841.

21 USC 801 note.

Drug-Induced

Rape Prevention

and Punishment

Act of 1996.

Oct. 13, 1996

[H.R. 4137]
110 STAT. 3808 PUBLIC LAW 104–305—OCT. 13, 1996

(3) SENTENCING GUIDELINES.— (A) AMENDMENT OF SENTENCING GUIDELINES.—Pursuant to its authority under section 994 of title 28, United

States Code, the United States Sentencing Commission

shall review and amend, as appropriate, the sentencing

guidelines for offenses involving flunitrazepam.

(B) SUMMARY.—The United States Sentencing

Commission shall submit to the Congress—

(i) a summary of its review under subparagraph

(A); and

(ii) an explanation for any amendment to the

sentencing guidelines made under subparagraph (A).

(C) SERIOUS NATURE OF OFFENSES.—In carrying out

this paragraph, the United States Sentencing Commission

shall ensure that the sentencing guidelines for offenses

involving flunitrazepam reflect the serious nature of such

offenses.

(c) INCREASED PENALTIES FOR UNLAWFUL SIMPLE POSSESSION

OF FLUNITRAZEPAM.—Section 404(a) of the Controlled Substances

Act (21 U.S.C. 844(a)) is amended by inserting after ‘‘exceeds 1

gram.’’ the following: ‘‘Notwithstanding any penalty provided in

this subsection, any person convicted under this subsection for

the possession of flunitrazepam shall be imprisoned for not more

than 3 years, shall be fined as otherwise provided in this section,

or both.’’.

SEC. 3. STUDY ON RESCHEDULING FLUNITRAZEPAM.

(a) STUDY.—The Administrator of the Drug Enforcement

Administration shall, in consultation with other Federal and State

agencies, as appropriate, conduct a study on the appropriateness

and desirability of rescheduling flunitrazepam as a Schedule I

controlled substance under the Controlled Substances Act (21 U.S.C.

801 et seq.).

(b) REPORT.—Not later than 180 days after the date of the

enactment of this Act, the Administrator shall submit to the

Committees on the Judiciary of the House of Representatives and

the Senate the results of the study conducted under subsection

(a), together with any recommendations regarding rescheduling of

flunitrazepam as a Schedule I controlled substance under the

Controlled Substances Act (21 U.S.C. 801 et seq.).

28 USC 994 note.
PUBLIC LAW 104–305—OCT. 13, 1996 110 STAT. 3809

LEGISLATIVE HISTORY—H.R. 4137:

CONGRESSIONAL RECORD, Vol. 142 (1996):

Sept. 25, 26, considered and passed House.

Oct. 3 considered and passed Senate, amended.

Oct. 4, House concurred in Senate amendment.

Æ

SEC. 4. EDUCATIONAL PROGRAM FOR POLICE DEPARTMENTS.

The Attorney General may—

(1) create educational materials regarding the use of

controlled substances (as that term is defined in section 102

of the Controlled Substances Act) in the furtherance of rapes

and sexual assaults; and

(2) disseminate those materials to police departments

throughout the United States.

Approved October 13, 1996.

21 USC 872 note.