HBA-KMH H.B. 287 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 287 By: Wise Criminal Jurisprudence 2/17/1999 Introduced BACKGROUND AND PURPOSE Rohypnol, commonly referred to as the "date rape" drug, is being used by individuals throughout the country to commit or further the crime of rape. It has also proven to be fatal in some cases. H.B. 287 adds the use of any controlled substance, including Rohypnol, in the furtherance of a crime to the list of aggravators which raise the penalty imposed on conviction. H.B. 287 also requires that the court make an affirmative finding specifying that the drug had been used to further the offense in order to invoke the new penalty. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter D, Chapter 12, Penal Code, by adding Section 12.48, as follows: Sec. 12.48. PENALTY IF CONTROLLED SUBSTANCE USED TO COMMIT OFFENSE. Increases the penalty for an offense to the punishment prescribed for the next highest category of offense, during the punishment phase of the trial of an offense under Chapter 29 (Robbery), Chapter 31 (Theft), or Title 5 (Offenses Against the Person), other than a first degree felony or a Class A misdemeanor, if the court makes an affirmative finding under Article 42.015, Code of Criminal Procedure (see below). Increases the minimum term of confinement under this section for an applicable Class A misdemeanor to 180 days. SECTION 2. Amends Chapter 42, Code of Criminal Procedure, by adding Article 42.015, as follows: Sec. 42.015. FINDING THAT CONTROLLED SUBSTANCE USED TO COMMIT OFFENSE. Requires the court to make an affirmative finding of fact during the punishment phase of the trial of an offense of robbery, theft or an offense against the person, if the court determines beyond a reasonable doubt that the defendant administered or provided a controlled substance to the victim of an offense with the intent of facilitating the commission of the offense. Requires the court to enter the affirmative finding of fact into the judgment of the case. SECTION 3. Makes application of this Act prospective. SECTION 4. Effective date: September 1, 1999. SECTION 5. Emergency clause.