[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