[104th Congress Public Law 305]
[From the U.S. Government Printing Office]
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[DOCID: f:publ305.104]
[[Page 110 STAT. 3807]]
Public Law 104-305
104th Congress
An Act
To combat drug-facilitated crimes of violence, including sexual
assaults. <<NOTE: Oct. 13, 1996 - [H.R. 4137]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Drug-Induced
Rape Prevention and Punishment Act of 1996.>>
SECTION 1. <<NOTE: 21 USC 801 note.>> 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 <<NOTE: 21 USC 841.>> 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,''.
[[Page 110 STAT. 3808]]
(3) <<NOTE: 28 USC 994 note.>> 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.).
[[Page 110 STAT. 3809]]
SEC. 4. <<NOTE: 21 USC 872 note.>> 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.
Approved October 13, 1996.
LEGISLATIVE HISTORY--H.R. 4137:
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CONGRESSIONAL RECORD, Vol. 142 (1996):
Sept. 25, 26, considered and passed House.
Oct. 3 considered and passed Senate, amended.
Oct. 4, House concurred in Senate amendment.
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