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        PRIOR PRINTER'S NO. 1271                      PRINTER'S NO. 1622

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1125 Session of 1997


        INTRODUCED BY BARD, COY, BLAUM, RUBLEY, STEIL, HERMAN, FLEAGLE,
           TRUE, PLATTS, SERAFINI, FLICK, RAYMOND, E. Z. TAYLOR, SHANER,
           STEELMAN, BAKER, HARHART, ROONEY, BARRAR, BELARDI, SCRIMENTI,
           SAYLOR, JOSEPHS, CORPORA, MUNDY, McGILL, ARMSTRONG,
           TRAVAGLIO, WALKO, EGOLF, FARGO, WAUGH, CASORIO, FAIRCHILD,
           CLARK, BEBKO-JONES, C. WILLIAMS, DALEY, YOUNGBLOOD, TIGUE,
           PISTELLA, BENNINGHOFF, CORNELL, SCHRODER, KENNEY, MILLER,
           ORIE, McCALL, BOSCOLA, McNAUGHTON, ROSS, TULLI, TRELLO,
           L. I. COHEN, RAMOS, CURRY, THOMAS AND LYNCH, APRIL 2, 1997

        AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
           REPRESENTATIVES, AS AMENDED, APRIL 29, 1997

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, prohibiting unauthorized
     3     administration of an intoxicant; and providing for additional
     4     penalties for certain drug-induced rape.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Title 18 of the Pennsylvania Consolidated
     8  Statutes is amended by adding a section to read:
     9  § 2714.  Unauthorized administration of intoxicant.
    10     A person commits a felony of the second MISDEMEANOR OF THE     <--
    11  FIRST degree when he or she substantially impairs the
    12  complainant's power to appraise or control his or her conduct by
    13  administering, without the knowledge of the complainant, drugs
    14  or other intoxicants. IT SHALL BE A DEFENSE TO A PROSECUTION      <--
    15  UNDER THIS SECTION IF THE PERSON PROVES BY A PREPONDERANCE OF

     1  THE EVIDENCE THAT THE COMPLAINANT KNOWINGLY CONTINUED TO CONSUME
     2  THE DRUGS OR OTHER INTOXICANTS AFTER THEIR INITIAL
     3  ADMINISTRATION.
     4     Section 2.  Section 3121 of Title 18 is amended to read:
     5  § 3121.  Rape.
     6     (a)  Offense defined.--A person commits a felony of the first
     7  degree when he or she engages in sexual intercourse with a
     8  complainant:
     9         (1)  By forcible compulsion.
    10         (2)  By threat of forcible compulsion that would prevent
    11     resistance by a person of reasonable resolution.
    12         (3)  Who is unconscious or where the person knows that
    13     the complainant is unaware that the sexual intercourse is
    14     occurring.
    15         (4)  Where the person has substantially impaired the
    16     complainant's power to appraise or control his or her conduct
    17     by administering or employing, without the knowledge of the
    18     complainant, drugs, intoxicants or other means for the
    19     purpose of preventing resistance.
    20         (5)  Who suffers from a mental disability which renders
    21     the complainant incapable of consent.
    22         (6)  Who is less than 13 years of age.
    23     (b)  Additional penalties.--In addition to the penalty
    24  provided for by subsection (a), a person may be sentenced to an
    25  additional term not to exceed ten years' confinement and an
    26  additional amount not to exceed $100,000 where the person
    27  engages in sexual intercourse with a complainant and has
    28  substantially impaired the complainant's power to appraise or
    29  control his or her conduct by administering or employing,
    30  without the knowledge of the complainant, Flunitrazepam ANY       <--
    19970H1125B1622                  - 2 -

     1  SUBSTANCE for the purpose of preventing resistance through the
     2  inducement of euphoria, memory loss and any other effect of this
     3  drug SUBSTANCE.                                                   <--
     4     Section 3.  This act shall take effect in 60 days.


















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