[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.
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