II

104TH CONGRESS

2D SESSION H. R. 4137

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 26, 1996

Received

AN ACT

To combat drug-facilitated crimes of violence, including

sexual assaults.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

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

5 Prevention and Punishment Act of 1996’’.
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1 SEC. 2. USE OF CONTROLLED SUBSTANCES TO COMMIT

2 SEXUAL ASSAULT CRIMES OF VIOLENCE

3 Section 404 of the Controlled Substances Act (21

4 U.S.C. 844) is amended by inserting ‘‘a person convicted

5 under this subsection for the possession of a mixture or

6 substance containing a detectable amount of a controlled

7 substance, with the intent to administer such mixture or

8 substance to another person to facilitate a crime of vio9 lence, as defined in section 16 of title 18, United States

10 Code, (including a sexual assault) against that person,

11 shall be fined under title 18, United States Code, or im12 prisoned not more than 15 years, or both, and if the victim

13 or intended victim of the crime of violence is age 14 or

14 under, shall be imprisoned not more than 20 years, and’’

15 after ‘‘Notwithstanding the preceding sentence,’’.

16 SEC. 3. ADDITIONAL PENALTIES RELATING TO

17 FLUNITRAZEPAM.

18 (a) GENERAL PENALTIES.—Section 401 of the Con19 trolled Substances Act (21 U.S.C. 841) is amended—

20 (1) in subsection (b)(1)(A)—

21 (A) by striking ‘‘or’’ at the end of clause

22 (vii);

23 (B) by inserting ‘‘or’’ at the end of clause

24 (viii);

25 (C) by inserting after clause (viii) the fol26 lowing:
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1 ‘‘(ix) 1 gram or more of flunitrazepam;’’;

2 (2) in subsection (b)(1)(B)—

3 (A) by striking ‘‘or’’ at the end of clause

4 (vii);

5 (B) by inserting ‘‘or’’ at the end of clause

6 (viii);

7 (C) by inserting after clause (viii) the fol8 lowing:

9 ‘‘(ix) 100 mg or more of flunitrazepam;’’; and

10 (3) in subsection (b)(1)(C), by inserting ‘‘or

11 flunitrazepam’’ after ‘‘I or II’’.

12 (b) IMPORT AND EXPORT PENALTIES.—

13 (1) Section 1009(a) of the Controlled Sub14 stances Import and Export Act (21 U.S.C. 959(a))

15 is amended by inserting ‘‘or flunitrazepam’’ after ‘‘I

16 or II’’.

17 (2) Section 1010(b) of the Controlled Sub18 stances Import and Export Act (21 U.S.C 960(b))

19 is amended—

20 (A) in paragraph (1)—

21 (i) by striking ‘‘or’’ at the end of sub22 paragraph (G);

23 (ii) by inserting ‘‘or’’ at the end of

24 subparagraph (H);
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1 (iii) by inserting after subparagraph

2 (H) the following:

3 ‘‘(I) 1 gram or more of flunitrazepam;’’; and

4 (B) in paragraph (2)—

5 (i) by striking ‘‘or’’ at the end of sub6 paragraph (G);

7 (ii) by inserting ‘‘or’’ at the end of

8 subparagraph (H);

9 (iii) by inserting after subparagraph

10 (H) the following:

11 ‘‘(I) 100 mg or more of flunitrazepam;’’

12 and

13 (C) in paragraph (3), by inserting ‘‘or

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

15 (3) Section 1010(b)(4) of the Controlled Sub16 stances Import and Export Act is amended by in17 serting ‘‘(except a violation involving

18 flunitrazepam)’’ after ‘‘III, IV, or V,’’.

19 SEC. 4. SENTENCING GUIDELINES.

20 Pursuant to its authority under section 994 of title

21 28, United States Code, the United States Sentencing

22 Commission shall review and amend the sentencing guide23 lines for offenses involving flunitrazepam. The Commis24 sion shall submit to Congress a summary of its review,

25 and an explanation for any amendment to the sentencing
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1 guidelines made pursuant to this section. In carrying out

2 this section, the Commission shall ensure that the sentenc3 ing guidelines for such offenses reflect the serious nature

4 of such offenses.

5 SEC. 5. STUDY ON RESCHEDULING FLUNITRAZAPAM.

6 The Administrator of the Drug Enforcement Admin7 istration shall conduct a study on the appropriateness and

8 desirability of rescheduling flunitrazapam as a Schedule

9 I controlled substance under the Controlled Substances

10 Act (21 U.S.C. 801 et seq.), and shall consult with other

11 Federal and State agencies as appropriate. Not later than

12 180 days after the date of the enactment of this Act, the

13 Administrator shall submit the results of such study, to14 gether with any recommendations as to such rescheduling,

15 to the Committees on the Judiciary of the House of Rep16 resentatives and the Senate.

17 SEC. 6. EDUCATIONAL PROGRAM FOR POLICE DEPART18 MENTS.

19 The Attorney General is authorized to create edu20 cational materials regarding the use of controlled sub21 stances in the furtherance of rapes and sexual assaults
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1 and disseminate those materials to police departments

2 throughout the United States.

Passed the House of Representatives September 26,

1996.

Attest: ROBIN H. CARLE,

Clerk.