SRC-JJJ, JBJ S.B. 1100 76(R)BILL ANALYSIS


Senate Research CenterS.B. 1100
By: Cain
Criminal Justice
7/26/1999
Enrolled


DIGEST 

Currently, under existing law, rape and other aggravated sexual assaults
are illegal.  Rohypnol is an odorless, colorless, and tasteless drup that
can be easily slipped into someone's drink to incapacitate them.  The use
of rohypnol in date rape cases was first reported in Florida in the early
1990's.  Since then, its use has spread both geographically and in the
types of crimes in which it is involved.  S.B. 1100 will make it an offense
for the use of flunitrazepam, otherwise known as rohypnol, or gamma
hydroxybutyrate to facilitate the commission of the offense of aggravated
sexual assault. 

PURPOSE

As enrolled, S.B. 1100 makes it an offense to administer certain controlled
substances to facilitate the commission of the offense of aggravated sexual
assault. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 22.021(a), Penal Code, to provide that a person
commits an offense if the person administers rohypnol or gamma
hydroxybutyrate to the victim of the offense with the intent of
facilitating the commission of the offense. 

SECTION 2.  (a)  Amends Chapter 12D, Penal Code, by adding Section 12.48,
as follows: 

Sec. 12.48.  PENALTY IF CONTROLLED SUBSTANCE USED TO COMMIT OFFENSE.
Provides that if the court makes an affirmative finding, other than a first
degree felony or Class A misdemeanor, in the punishment phase of a trial
involving certain offenses, the punishment is increased to the next highest
category of offense.  Establishes that the minimum term of confinement for
the offense is increased to 180 days, if the offense is 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.
Provides that if it is proven beyond a reasonable doubt in the punishment
phase of a trail regarding certain offenses 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, the court shall make
an affirmative finding of that fact and enter the affirmative finding in
the judgment of that case. 

 (c)  Makes application of this Act prospective.

SECTION 3.Makes application of this Act prospective.

SECTION 4.Effective date: September 1, 1999.

SECTION 5.Emergency clause.