HBA-ATS H.B. 176 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 176
By: Wise
Criminal Jurisprudence
2/9/1999
Introduced



BACKGROUND AND PURPOSE 

Rohypnol, the brand name for Flunitrazepam, is a powerful sedative
currently unavailable for prescription in the United States.  Used as a
recreational drug by young people, Rohypnol creates a feeling of
drunkenness.  Ingested in combination with alcohol, Rohypnol results in
disinhibition, disorientation, nausea, and amnesia.  Overdoses are rare,
but can lead to death, as has been the case for several Texas women.
Because of the drug's amnesic qualities, Rohypnol has gained a reputation
as the "date rape" drug.  Women have reported that they have been sexually
assaulted and raped after their attackers have slipped Rohypnol into their
drinks.  Victims often cannot remember details of what happened, much less
identify their assailants, who are free to escape prosecution.  H.B. 176
increases, by one category of offense, the punishment for criminals who are
found to have administered or provided a controlled substance to the victim
with the intent of committing a robbery, burglary, or an offense against
the person. 

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.
Provides that 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, the punishment for the offense is increased to the
punishment prescribed for the next highest category of offense.  Provides
that if the offense is a Class A misdemeanor, the minimum term of
confinement for the offense is increased to 180 days. 

SECTION 2.  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 fact and enter the
affirmative finding in the judgment if, in the punishment phase of the
trial of an offense under Chapter 29 (Robbery), Chapter 31 (Theft), or
Title 5 (Offenses Against the Person), Penal Code, the court 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. 

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date: September 1, 1999.

SECTION 5.  Emergency clause.