1998 Regular Session
To: Judiciary A
By: Representative Green (72nd)
House Bill 603
(As Passed the House)
AN ACT TO AMEND SECTION 41-29-113, MISSISSIPPI CODE OF 1972, TO INCLUDE GAMMA-HYDROXYBUTYRATE AND ROHYPNOL AS A SCHEDULE I CONTROLLED SUBSTANCE; TO AMEND SECTION 97-3-65, MISSISSIPPI CODE OF 1972, TO REVISE THE AGE OF CONSENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-29-113, Mississippi Code of 1972, is amended as follows:
41-29-113. The controlled substances listed in this section are included in Schedule I.
(a) Any of the following opiates, including their isomers, esters, ethers, salts and salts of isomers, esters and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation:
(4) Alphacetylmethadol, except levo-alphacetylmethadol (levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM);
(24) Dioxaphetyl butyrate;
(54) 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP);
(55) 1-(2-phenylethyl)-4-phenyl-4-acetyloxypiperidine (PEPAP).
(b) Any of the following opium derivatives, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:
(4) Codeine methylbromide;
(10) Etorphine; (except hydrochloride salt);
(16) Morphine methylbromide;
(17) Morphine methylsulfonate;
(c) Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:
(1) 3, 4-methylenedioxy amphetamine;
(2) 5-methoxy-3, 4-methylenedioxy amphetamine;
(3) 2, 5-dimethoxy-4-ethylamphetamine (DOET);
(4) 3, 4-methylenedioxymethamphetamine (MDMA);
(5) 3, 4, 5-trimethoxy amphetamine;
(10) 4-methyl-2, 5-dimethoxyamphetamine;
(13) Lysergic acid diethylamide; (LSD)
(17) N-ethyl-3-piperidyl benzilate;
(18) N-methyl-3-piperidyl benzilate;
(22) Tetrahydrocannabinols (excluding dronabinol and nabilone);
(23) 2, 5-dimethoxyamphetamine;
(24) 4-bromo-2, 5-dimethoxyamphetamine;
(25) 4-bromo-2, 5-dimethoxyphenylethylamine;
(27) Ethylamine analog of phencyclidine (PCE);
(28) Pyrrolidine analog of phencyclidine (PHP, PCPy);
(29) Thiophene analog of Phencyclidine;
(31) 1-[1-(2-Thienyl)cyclohexyl] pyrrolidine (TCPy);
(32) 3, 4-methylenedioxy-N-ethylamphetamine (also known
as N-ethyl-alpha-methyl-3, 4 (methylenedioxy) phenylethylamine,
N-ethyl MDA, MDE and MDEA);
(33) N-hydroxy-3, 4-methylenedioxyamphetamine (also known as N-hydroxy MDA, N-OHMDA, and N-hydroxy-alpha-methyl-3,
(d) Mecloqualone, its salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of the salts, isomers and salts of isomers is possible within this specific chemical designation.
(e) Any material, compound, mixture or preparation which contains any quantity of the following central nervous system stimulants including salts, isomers and salts of isomers unless specifically excepted or unless listed in another schedule:
(5) 4-methylaminorex (also known as
(f) Any material, compound, mixture or preparation which contains any quantity of methaqualone, including its salts, isomers, optical isomers, salts of their isomers and salts of their optical isomers unless specifically excepted or unless listed in another schedule.
(g) Any material, compound, mixture or preparation which contains any quantity of N,N-dimethylamphetamine, including its salts, isomers and salts of isomers, unless specifically excepted or unless listed in another schedule. (Other names include: N,N, alpha-trimethylbenzene-ethaneamine, and N,N, alpha-trimethylphenylethylamine).
(h) Any material compound, mixture or preparation which contains any quantity of Gamma-Hydroxybutyrate or Rohypnol, including their salts, isomers and salts of isomers unless listed in another schedule.
SECTION 2. Section 97-3-65, Mississippi Code of 1972, is amended as follows:
97-3-65. (1) Every person eighteen (18) years of age or older who shall be convicted of rape by carnally and unlawfully knowing a child under the age of sixteen (16) years, upon conviction, shall be sentenced to death or imprisonment for life in the State Penitentiary; provided, however, any person thirteen (13) years of age or over but under eighteen (18) years of age convicted of such crime shall be sentenced to such term of imprisonment as the court, in its discretion, may determine. In all cases where the child is under the age of sixteen (16) years it shall not be necessary to prove penetration of the child's private parts where it is shown the private parts of the child have been lacerated or torn in the attempt to have carnal knowledge of the child.
(2) Every person who shall forcibly ravish any person of the age of fourteen (14) years or upward, or who shall have been convicted of having carnal knowledge of any person above the age of fourteen (14) years without such person's consent, by administering to such person any substance or liquid which shall produce such stupor or such imbecility of mind or weakness of body as to prevent effectual resistance upon conviction, shall be imprisoned for life in the State Penitentiary if the jury by its verdict so prescribes; and in cases where the jury fails to fix the penalty at life imprisonment the court shall fix the penalty at imprisonment in the State Penitentiary for any term as the court, in its discretion, may determine.
(3) This section shall apply whether the perpetrator is married to the victim or not.
(4) The Department of Public Safety shall collect all data relating to spousal rape violations and convictions under this section. Such information shall include the name and age of all victims and violators of spousal rape under this section. The information collected under this subsection shall be subject to all confidentiality requirements imposed by law for criminal records. The Department of Public Safety shall provide such data excluding the identification of victims and unconvicted violators to the Clerk of the House of Representatives and the Secretary of the Senate on January 1, 1994, and each year thereafter for a period of three (3) years.
SECTION 3. This act shall take effect and be in force from and after its passage.