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.