[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4137 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
October 3, 1996.
Resolved, That the bill from the House of Representatives (H.R.
4137) entitled ``An Act to combat drug-facilitated crimes of violence,
including sexual assaults.'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
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,''.
(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.).
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.
Attest:
Secretary.
104th CONGRESS
2d Session
H. R. 4137
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AMENDMENT