[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4137 Introduced in House (IH)]
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.
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 Prevention and
Punishment Act of 1996''.
SEC. 2. USE OF CONTROLLED SUBSTANCES TO COMMIT SEXUAL ASSAULT CRIMES OF
VIOLENCE
Section 404 of the Controlled Substances Act (21 U.S.C. 844) is
amended by inserting ``a person convicted under this subsection for the
possession of a mixture or substance containing a detectable amount of
a controlled substance, with the intent to administer such mixture or
substance to another person to facilitate a crime of violence, as
defined in section 16 of title 18, United States Code, (including a
sexual assault) against that person, shall be fined under title 18,
United States Code, or imprisoned not more than 15 years, or both, and
if the victim or intended victim of the crime of violence is age 14 or
under, shall be imprisoned not more than 20 years, and'' after
``Notwithstanding the preceding sentence,''.
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,''.
SEC. 4. SENTENCING GUIDELINES.
Pursuant to its authority under section 994 of title 28, United
States Code, the United States Sentencing Commission shall review and
amend the sentencing guidelines for offenses involving flunitrazepam.
The Commission shall submit to Congress a summary of its review, and an
explanation for any amendment to the sentencing guidelines made
pursuant to this section. In carrying out this section, the Commission
shall ensure that the sentencing guidelines for such offenses reflect
the serious nature of such offenses.
SEC. 5. STUDY ON RESCHEDULING FLUNITRAZEPAM.
The Administrator of the Drug Enforcement Administration shall
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.), and shall consult with other
Federal and State agencies as appropriate. Not later than 180 days
after the date of the enactment of this Act, the Administrator shall
submit the results of such study, together with any recommendations as
to such rescheduling, to the Committees on the Judiciary of the House
of Representatives and the Senate.
SEC. 6. EDUCATIONAL PROGRAM FOR POLICE DEPARTMENTS.
The Attorney General is authorized to create educational materials
regarding the use of controlled substances in the furtherance of rapes
and sexual assaults and disseminate those materials to police
departments throughout the United States.
<all>