[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 2040 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 2040

To amend the Controlled Substances Act to provide a penalty for the use 
   of a controlled substance with the intent to rape, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 2, 1996

  Mr. Hatch (for himself and Mrs. Hutchison) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the Controlled Substances Act to provide a penalty for the use 
   of a controlled substance with the intent to rape, 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 Prevention Act of 
1996''.

SEC. 2. PENALTIES FOR DISTRIBUTION OF A CONTROLLED SUBSTANCE WITH 
              INTENT TO RAPE.

    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 imprisoned not 
more than 20 years and fined as provided under title 18, United States 
Code.
    ``(B) As used in this paragraph--
            ``(i) the term `intent to rape' means the intent to 
        facilitate conduct defined in section 2241(b) or 2242(2) of 
        title 18, United States Code; and
            ``(ii) 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.''.

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)(C), by inserting ``or 1 gram of 
        flunitrazepam'' after ``I or II''; and
            (2) in subsection (b)(1)(D), by inserting ``or 30 
        milligrams of flunitrazepam,'' after ``schedule III,''.
    (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)(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,''.
            (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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