I

104TH CONGRESS

2D SESSION H. R. 3905

To amend the Controlled Substances Act to provide an enhanced penalty

for distributing a controlled substance with the intent to facilitate a

rape or sexual battery, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 26, 1996

Mr. SOLOMON (for himself, Ms. DUNN of Washington, Ms. MOLINARI, Mr.

JOHNSTON of Florida, Mr. GALLEGLY, Mr. OXLEY, Mr. TATE, Mrs.

CUBIN, Mr. BAKER of Louisiana, Mr. FRANKS of Connecticut, Mrs.

SEASTRAND, Mr. BILBRAY, Mrs. LOWEY, Ms. PRYCE, Mr. ACKERMAN,

and Mrs. FOWLER) 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 provisons as fall within the jurisdiction of the committee concerned

A BILL

To amend the Controlled Substances Act to provide an enhanced penalty for distributing a controlled substance

with the intent to facilitate a rape or sexual battery,

and for other purposes.

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 Act of 1996’’.
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1 SEC. 2. DISTRIBUTION OF CONTROLLED SUBSTANCE WITH

2 INTENT TO FACILITATE A RAPE OR SEXUAL

3 BATTERY.

4 Section 401(b) of the Controlled Substances Act is

5 amended by adding at the end the following:

6 ‘‘(7)(A) Whoever, with intent to rape an individual,

7 violates subsection (a) by distributing a controlled sub8 stance to that individual without that individual’s knowl9 edge, shall be fined not more than $2,000,000 if the de10 fendant is an individual and not more than $10,000,000

11 if the defendant is a person other than an individual and

12 imprisoned not less than 20 years.

13 ‘‘(B) Notwithstanding any other provision of law the

14 court shall not place on probation or suspend the sentence

15 of any person sentenced under this paragraph.

16 ‘‘(C) As used in this paragraph—

17 ‘‘(i) the term ‘intent to rape’, with respect to an

18 individual, means the intent to facilitate conduct

19 with that individual that would violate section

20 2241(b) or 2242(2) of title 18, United States Code,

21 if that conduct occurred in the special maritime and

22 territorial jurisdiction of the United States; and

23 ‘‘(ii) the term ‘without that individual’s knowl24 edge’ means that the individual is unaware of the

25 capacity of the substance to impair that individual’s

26 ability to appraise conduct or to decline participation
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1 in or communicate unwillingness to participate in

2 conduct. ’’.

3 SEC. 3. ADDITIONAL PENALTIES RELATING TO

4 FLUNITRAZEPAM.

5 (a) GENERAL PENALTIES.—Section 401 of the Con6 trolled Substances Act (21 U.S.C. 841) is amended—

7 (1) in subsection (b)(1)(A)—

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

9 (vii);

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

11 (viii);

12 (C) by inserting after clause (viii) the fol13 lowing:

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

15 (2) in subsection (b)(1)(B)—

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

17 (vii);

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

19 (viii);

20 (C) by inserting after clause (viii) the fol21 lowing:

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

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

24 flunitrazepam’’ after ‘‘I or II’’.

25 (b) IMPORT AND EXPORT PENALTIES.—
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1 (1) Section 1009(a) of the Controlled Sub2 stances Import and Export Act (21 U.S.C. 959(a))

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

4 or II’’.

5 (2) Section 1010(b) of the Controlled Sub6 stances Import and Export Act (21 U.S.C 960(b))

7 is amended—

8 (A) in paragraph (1)—

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) 1 gram or more of flunitrazepam;’’; and

16 (B) in paragraph (2)—

17 (i) by striking ‘‘or’’ at the end of sub18 paragraph (G);

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

20 subparagraph (H);

21 (iii) by inserting after subparagraph

22 (H) the following:

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

24 and
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1 (C) in paragraph (3), by inserting ‘‘or

2 flunitrazepam’’ after ‘‘I or II,’’.

3 (3) Section 1010(b)(4) of the Controlled Sub4 stances Import and Export Act is amended by in5 serting ‘‘(except a violation involving

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

7 (c) SENTENCING GUIDELINES.—The United States

8 Sentencing Commission shall amend the Sentencing

9 Guidelines so that one dosage unit of flunitrazepam shall

10 be equivalent to one gram of marihuana for determining

11 the offense level under the Drug Quantity Table.

Æ