SENATE JUDICIARY COMMITTEE

STATEMENT TO

SENATE COMMITTEE SUBSTITUTE FOR

SENATE, No. 1851

STATE OF NEW JERSEY

DATED: JUNE 5, 1997

      The Senate Judiciary Committee reports favorably a Senate committee substitute for Senate Bill No. 1851.

      The proposed committee substitute for S-1851 would establish specific criminal offense covering the unlawful manufacture, distribution and possession of two so-called rape drugs: Rohypnol (flunitrazepam) and gamma hydroxybutyrate (GHB).

      Under SCS for S-1851, the sale or manufacture of one gram or more of flunitrazepam would be classified as a crime of the first degree (10 and 20 years imprisonment; a fine of up to $250,000.00). Sale or manufacture of less than a gram would be punishable as a crime of the second degree (5 to 10 years imprisonment; a fine of up to $150,000.00). Possession of flunitrazepam would be graded as a third degree fine (3 to 5 years imprisonment; a fine of up to $100,000.00).

      The sale or manufacture of GHB would be graded as a second degree crime (5 to 10 years imprisonment; a fine of up to $150,000.00). Possession of GHB would be punishable as a crime of the third degree (3 to 5 years imprisonment; a fine of up to $100,000.00).

      SCS for S-1851 would also classify an act of sexual penetration when the actor knew or should have known that the victim was physically helpless, mentally defective or mentally incapacitated as aggravated sexual assault, a crime of the first degree. Under present law, an act of sexual penetration when the victim is physically helpless or mentally defective or incapacitated is graded as sexual assault, a crime of the second degree. Under the committee substitute, an act

of sexual contact when the victim was physically helpless or mentally defective or incapacitated would be upgraded from a crime of the fourth degree to a crime of the third degree.

      In addition to the above described provisions, SCS for S-1851 would require the Department of Law and Public Safety to establish and maintain a suitable training program for law enforcement officers regarding the use of narcotics, anesthetics, intoxicants, and other substances which could be used to facilitate sexual assault.