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.