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.