[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3905 Introduced in House (IH)]







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.

    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 Act of 1996''.

SEC. 2. DISTRIBUTION OF CONTROLLED SUBSTANCE WITH INTENT TO FACILITATE 
              A RAPE OR SEXUAL BATTERY.

    Section 401(b) of the Controlled Substances Act is amended by 
adding at the end the following:
    ``(7)(A) Whoever, with intent to rape an individual, violates 
subsection (a) by distributing a controlled substance to that 
individual without that individual's knowledge, shall be fined not more 
than $2,000,000 if the defendant is an individual and not more than 
$10,000,000 if the defendant is a person other than an individual and 
imprisoned not less than 20 years.
    ``(B) Notwithstanding any other provision of law the court shall 
not place on probation or suspend the sentence of any person sentenced 
under this paragraph.
    ``(C) As used in this paragraph--
            ``(i) the term `intent to rape', with respect to an 
        individual, means the intent to facilitate conduct with that 
        individual that would violate section 2241(b) or 2242(2) of 
        title 18, United States Code, if that conduct occurred in the 
        special maritime and territorial jurisdiction of the United 
        States; and
            ``(ii) the term `without that individual's knowledge' means 
        that the individual is unaware of the capacity of the substance 
        to impair that individual's ability to appraise conduct or to 
        decline participation in or communicate unwillingness to 
        participate in conduct. ''.

SEC. 3. ADDITIONAL PENALTIES RELATING TO FLUNITRAZEPAM.

    (a) General Penalties.--Section 401 of the Controlled Substances 
Act (21 U.S.C. 841) is amended--
            (1) in subsection (b)(1)(A)--
                    (A) by striking ``or'' at the end of clause (vii);
                    (B) by inserting ``or'' at the end of clause 
                (viii);
                    (C) by inserting after clause (viii) the following:
            ``(ix) 1 gram or more of flunitrazepam;'';
            (2) in subsection (b)(1)(B)--
                    (A) by striking ``or'' at the end of clause (vii);
                    (B) by inserting ``or'' at the end of clause 
                (viii);
                    (C) by inserting after clause (viii) the following:
            ``(ix) 100 mg or more of flunitrazepam;''; and
            (3) in subsection (b)(1)(C), by inserting ``or 
        flunitrazepam'' after ``I or II''.
    (b) Import and Export Penalties.--
            (1) 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''.
            (2) Section 1010(b) of the Controlled Substances Import and 
        Export Act (21 U.S.C 960(b)) is amended--
                    (A) in paragraph (1)--
                            (i) by striking ``or'' at the end of 
                        subparagraph (G);
                            (ii) by inserting ``or'' at the end of 
                        subparagraph (H);
                            (iii) by inserting after subparagraph (H) 
                        the following:
            ``(I) 1 gram or more of flunitrazepam;''; and
                    (B) in paragraph (2)--
                            (i) by striking ``or'' at the end of 
                        subparagraph (G);
                            (ii) by inserting ``or'' at the end of 
                        subparagraph (H);
                            (iii) by inserting after subparagraph (H) 
                        the following:
                    ``(I) 100 mg or more of flunitrazepam;'' and
                    (C) in paragraph (3), by inserting ``or 
                flunitrazepam'' after ``I or II,''.
            (3) 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,''.
    (c) Sentencing Guidelines.--The United States Sentencing Commission 
shall amend the Sentencing Guidelines so that one dosage unit of 
flunitrazepam shall be equivalent to one gram of marihuana for 
determining the offense level under the Drug Quantity Table.
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