I

104TH CONGRESS

2D SESSION H. R. 4137

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

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 24, 1996

Mr. SOLOMON (for himself, Mr. MCCOLLUM, Ms. MOLINARI, Mr. BARR of

Georgia, Mr. HEINEMAN, Mr. ACKERMAN, Mr. BAKER of Louisiana, Mr.

BILBRAY, Mr. BLUTE, Mr. CHRISTENSEN, Mr. CLYBURN, Ms. DUNN of

Washington, Mrs. FOWLER, Mr. FRANKS of Connecticut, Mr. GALLEGLY,

Mr. GENE GREEN of Texas, Mr. JOHNSTON of Florida, Mrs. KELLY, Mr.

MCINTOSH, Mr. NETHERCUTT, Mr. OXLEY, Ms. PRYCE, Mrs.

SEASTRAND, Mr. SHAW, Ms. SLAUGHTER, Mrs. VUCANOVICH, Mr.

WALSH, Mr. WATTS of Oklahoma, Mr. WELLER, and Mr. PAYNE of New

Jersey) introduced the following bill; which was referred to the Committee

on the Judiciary, and in addition to the Committee on Commerce, for a

period to be subsequently determined by the Speaker, in each case for

consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

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,
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1 SECTION 1. SHORT TITLE.

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

3 Prevention and Punishment Act of 1996’’.

4 SEC. 2. USE OF CONTROLLED SUBSTANCES TO COMMIT

5 SEXUAL ASSAULT CRIMES OF VIOLENCE

6 Section 404 of the Controlled Substances Act (21

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

8 under this subsection for the possession of a mixture or

9 substance containing a detectable amount of a controlled

10 substance, with the intent to administer such mixture or

11 substance to another person to facilitate a crime of vio12 lence, as defined in section 16 of title 18, United States

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

14 shall be fined under title 18, United States Code, or im15 prisoned not more than 15 years, or both, and if the victim

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

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

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

19 SEC. 3. ADDITIONAL PENALTIES RELATING TO

20 FLUNITRAZEPAM.

21 (a) GENERAL PENALTIES.—Section 401 of the Con22 trolled Substances Act (21 U.S.C. 841) is amended—

23 (1) in subsection (b)(1)(A)—

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

25 (vii);
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1 (B) by inserting ‘‘or’’ at the end of clause

2 (viii);

3 (C) by inserting after clause (viii) the fol4 lowing:

5 ‘‘(ix) 1 gram or more of flunitrazepam;’’;

6 (2) in subsection (b)(1)(B)—

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

8 (vii);

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

10 (viii);

11 (C) by inserting after clause (viii) the fol12 lowing:

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

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

15 flunitrazepam’’ after ‘‘I or II’’.

16 (b) IMPORT AND EXPORT PENALTIES.—

17 (1) Section 1009(a) of the Controlled Sub18 stances Import and Export Act (21 U.S.C. 959(a))

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

20 or II’’.

21 (2) Section 1010(b) of the Controlled Sub22 stances Import and Export Act (21 U.S.C 960(b))

23 is amended—

24 (A) in paragraph (1)—
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1 (i) by striking ‘‘or’’ at the end of sub2 paragraph (G);

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

4 subparagraph (H);

5 (iii) by inserting after subparagraph

6 (H) the following:

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

8 (B) in paragraph (2)—

9 (i) by striking ‘‘or’’ at the end of sub10 paragraph (G);

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

12 subparagraph (H);

13 (iii) by inserting after subparagraph

14 (H) the following:

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

16 and

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

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

19 (3) Section 1010(b)(4) of the Controlled Sub20 stances Import and Export Act is amended by in21 serting ‘‘(except a violation involving

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

23 SEC. 4. SENTENCING GUIDELINES.

24 Pursuant to its authority under section 994 of title

25 28, United States Code, the United States Sentencing
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1 Commission shall review and amend the sentencing guide2 lines for offenses involving flunitrazepam. The Commis3 sion shall submit to Congress a summary of its review,

4 and an explanation for any amendment to the sentencing

5 guidelines made pursuant to this section. In carrying out

6 this section, the Commission shall ensure that the sentenc7 ing guidelines for such offenses reflect the serious nature

8 of such offenses.

9 SEC. 5. STUDY ON RESCHEDULING FLUNITRAZEPAM.

10 The Administrator of the Drug Enforcement Admin11 istration shall conduct a study on the appropriateness and

12 desirability of rescheduling flunitrazepam as a Schedule

13 I controlled substance under the Controlled Substances

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

15 Federal and State agencies as appropriate. Not later than

16 180 days after the date of the enactment of this Act, the

17 Administrator shall submit the results of such study, to18 gether with any recommendations as to such rescheduling,

19 to the Committees on the Judiciary of the House of Rep20 resentatives and the Senate.

21 SEC. 6. EDUCATIONAL PROGRAM FOR POLICE DEPART22 MENTS.

23 The Attorney General is authorized to create edu24 cational materials regarding the use of controlled sub25 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.

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