[Congressional Record Volume 142, Number 141 (Thursday, October 3, 1996)]
[Senate]
[Pages S12319-S12320]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      THE DRUG-INDUCED RAPE PREVENTION AND PUNISHMENT ACT OF 1996

                                 ______
                                 

                 HATCH (AND OTHERS) AMENDMENT NO. 5429

  Mr. LOTT (for Mr. Hatch for himself, Mr. Biden, and Mr. Coverdell) 
proposed an amendment to the bill (H.R. 4137) to combat drug-
facilitated crimes of violence, including sexual assaults; as follows:

       Strike all after the enacting clause and insert the 
     following:

     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.''.

[[Page S12320]]

       (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.

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