Pub.L. 104-306 To extend certain programs under the Energy Policy and Conservation Act through September 30, 1997. <> ...

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[[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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