HBA-RBT S.B. 1100 76(R)BILL ANALYSIS


Office of House Bill AnalysisS.B. 1100
By: Cain
Criminal Jurisprudence
 5/20/1999
Committee Report (Amended)

BACKGROUND AND PURPOSE 

Rohypnol is an odorless, colorless, and tasteless drug that can be easily
slipped into someone's drink to incapacitate them and is commonly know as
the "date rape" drug.  The use of rohypnol in date rape cases was first
reported in Florida in the early 1990s.  The incidence of use of rohypnol
has increased across the country and in a wider variety of offenses.   S.B.
1100 criminalizes the use of flunitrazepam, otherwise known as rohypnol, or
gamma hydroxybutyrate to facilitate the commission of the offense of
aggravated sexual assault. 

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 Section 22.021(a), Penal Code, to provide that a person
commits a felony of the first degree if the person administers
flunitrazepam, otherwise known as rohypnol, or gamma hydroxybutyrate to the
victim of the offense with the intent of facilitating the commission of an
aggravated sexual assault. 

SECTION 2.Makes application of this Act prospective.

SECTION 3.Effective date: September 1, 1999.

SECTION 4.Emergency clause.

EXPLANATION OF AMENDMENTS

Amendment 1.

Amends S.B. 1100 by adding an appropriately numbered SECTION and by
appropriately renumbering existing SECTIONS as follows: 

(a) 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 punishment of the offense to the punishment prescribed for
the next highest category of offense if the court makes an affirmative
finding under Article 42.015, Code of Criminal Procedure, in 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. 

(b) Amends Chapter 42, Code of Criminal Procedure, by adding Article
42.015, as follows: 

Art.  42.015.  FINDING THAT CONTROLLED SUBSTANCE USED TO COMMIT OFFENSE.
Requires the court to make an affirmative finding of the fact and enter the
affirmative finding in the judgment of the case, if the court, in the
punishment phase of the trial of an offense under Chapter 29, Chapter 31,
or Title 5, Penal Code, determines beyond a reasonable doubt that the
defendant administered or provided a controlled substance to the victim of
the offense with the intent of facilitating the commission of the offense. 

 (c) Makes application of this Act prospective.