A BILL TO BE ENTITLED
AN ACT To strengthen penalties for committing second‑degree rape or second-degree sexual offense.
Whereas, according to the 2000 Status of Women in North Carolina, first‑degree rape carries a  mandatory sentence and requires that the prosecutor show that the victim suffered serious injury or that a weapon was involved; and
Whereas, also according to the 2000 Status of Women in North Carolina, second‑degree rape carries a sentence of 12 to 14 years and requires the State to provide that sex was forced and without consent; and
Whereas, according to the State Bureau of Investigation, in almost 80 percent of reported  cases in both 1997 and 1998 the offender used hands, feet, and/or fists as means of force; and
Whereas, according to North Carolina law, lack of consent is not sufficient grounds for conviction; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 14‑27.3 reads as rewritten:
"§ 14‑27.3.  Second‑degree rape.
(a)	A person is guilty of rape in the second degree if the person engages in vaginal intercourse with another person:
(1)	Against the will of the other person; or
(2)	Who is mentally disabled, mentally incapacitated, or physically helpless, and the person performing the act knows or should reasonably know the other person is mentally disabled, mentally incapacitated, or physically helpless.
(b)	Any person who commits the offense defined in this section is guilty of a Class B2 felony.
(c)	Upon conviction, a person convicted under this section has no rights to custody of or rights of inheritance from any child conceived during the commission of the rape, nor shall the person have any rights related to the child under Chapter 48 or Subchapter 1 of Chapter 7B of the General Statutes."
SECTION 2.  G.S. 14‑27.5 reads as rewritten:
"§ 14‑27.5.  Second‑degree sexual offense.
(a)	A person is guilty of a sexual offense in the second degree if the person engages in a sexual act with another person:
(1)	Against the will of the other person; or
(2)	Who is mentally disabled, mentally incapacitated, or physically helpless, and the person performing the act knows or should reasonably know that the other person is mentally disabled, mentally incapacitated, or physically helpless.
(b)	Any person who commits the offense defined in this section is guilty of a Class B2 felony."
SECTION 3.  Part 2 of Article 81B of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 15A‑1340.16E.  Enhanced if defendant is convicted of rape or sexual offense and the defendant used "date rape drugs" in the commission of the crime.
(a)	If a person is convicted of an offense under G.S. 14‑27.2, 14‑27.3, or 14‑27.4, or 14‑27.5, and it is found as provided in this section that: (i) the person committed the felony by using "date rape drugs", then the person shall have the minimum term of imprisonment to which the person is sentenced for that felony increased by 60 months. The maximum term of imprisonment shall be the maximum term that corresponds to the minimum term after it is increased by 60 months, as specified in G.S. 15A‑1340.17(e) and (e1).
(b)	An indictment or information for the violation of G.S. 14‑27.2, 14‑27.3, or 14‑27.4 shall allege in that indictment or information the facts set out in subsection (a) of this section. The pleading is sufficient if it alleges that the defendant committed the felony by using "date rape drugs."  One pleading is sufficient for all violations of G.S. 14‑27.2, 14‑27.3, or 14‑27.4 that are tried at a single trial.
(c)	The State shall prove the issues set out in subsection (a) of this section beyond a reasonable doubt during the same trial in which the defendant is tried for the felony unless the defendant pleads guilty or no contest to the issues. If the defendant pleads guilty or no contest to the felony but pleads not guilty to the issues set out in subsection (a) of this section, then a jury shall be impaneled to determine the issues.
(d)	Subsection (a) of this section does not apply if the evidence of the use of the "date rape drug" is needed to prove an element of the felony or if the person is not sentenced to an active term of imprisonment. Subsection (a) of this section does not apply if the evidence of the use of the "date rape drug" is needed to prove an element of the felony or if the person is not sentenced to an active term of imprisonment.
SECTION 4.  This act becomes effective December 1, 2005, and applies to offenses committed on or after that date.