Esta ley enmienda la Ley del Cuerpo de la Policía de Puerto Rico de 1996 para restablecer y regular las promociones por mérito para los miembros del Cuerpo de la Policía, hasta el rango de Capitán. Establece los requisitos de elegibilidad, los criterios de evaluación y las condiciones bajo las cuales se pueden otorgar estas promociones, incluyendo promociones especiales por mérito y/o heroísmo. También ajusta los requisitos académicos para ciertos rangos, con excepciones para miembros que ingresaron antes de una fecha específica y para promociones por mérito.
(S. B. 184) (Conference) (No. 10) (Approved January 5, 2002)
To add subsection
(f) to Section 6 and amend Sections 12, 15(a) and 38 of Act No. 53 of June 10, 1996, known as the "Puerto Rico Police Corps Act of 1996," as amended, in order to reinstate promotion for merit for the members of the Police Corps.
It is pertinent for this Legislature to recognize the great efforts made by the members of the Puerto Rico Police in their fight against crime. As part of the change that our people demanded, in their clamor for a fair government, we have the moral obligation to do justice to the law enforcement agents who due to the nature of their work which is of vast social responsibility, deserve and have the full support of this Administration to perform their duties. From day to day, our police officers are always willing to perform their duties, regardless of their working conditions, demonstrating their high and devoted sense of duty in their efforts to enforce compliance of our laws, thus ensuring the social order that the people of Puerto Rico deserve and expect from our law enforcement agents.
Our Government, as well as the people of Puerto Rico have no doubts of the loyalty of our law enforcement agents and their performance of their duty. The purpose of this legislation, is to give recognition to those men and women who consecrate their ideals of loyalty and straightforwardness in
their duties as agents of the Puerto Rico Police. In many instances of our lives the achievements and extraordinary efforts of our police officers in the difficult task of keeping public law and order, are unfairly not recognized.
Therefore it becomes an act of justice to our police officers to grant promotions for merits to every police officer up to the rank of Captain for his/her outstanding achievements in compliance of his/her duty.
Section 1.- Section 6 of Act No. 53 of June 10, 1996, known as the "Puerto Rico Police Act of 1996", as amended, is hereby amended to read as follows: "Section 6.- Superintendent; special powers -
(a) The Superintendent may promote members of the Force to the immediately next highest rank, up to the rank of Captain, in the following cases and subject to the provisions prescribed below: (1) In the cases of promotions for merit, provided that the candidate has completed at least twelve (12) years of service on the Force and has shown leadership, efficiency, good conduct and initiative. Furthermore, the candidates for promotion based on merit, shall also comply with the following: a. Not be subject to an administrative investigation in the Puerto Rico Police or subject of a criminal investigation. b. Not have incurred violations of the Code of Ethics applicable to public servants, established pursuant to Act No. 12 of July 24, 1985, as amended, known as the
"Commonwealth of Puerto Rico Ethics in Government Act," during the last five (5) years. c. Not been convicted for a felony or misdemeanor that implies moral turpitude.
The Police Superintendent is hereby empowered to establish, through regulations, the additional requirements pertinent to the consideration of promotion for merit.
Furthermore, he shall have the power and discretion to grant promotions among those who meet the requirements for promotion for merit, or among those that appear in the register of those who are eligible for promotion pursuant to Section 15 of this Act. (2) Provided they have completed fifteen (15) years or more in the service of the Force, but are to be retired because of physical or mental disability as a result of rendering exceptional or uncommonly meritorious services; or when they are to be retired for years of service; or posthumously, upon their demise in the performance of their duties. These promotions shall take effect within one hundred and twenty (120) days prior to the date of retirement. In the case of those who die in the line of duty, the posthumous promotion decreed by the Superintendent shall take effect immediately. (3) In the case of promotions for retirement or merit, the positions held by those members of the Force so promoted shall pass by conversion to the new category. Once
converted positions become vacant they shall automatically revert to the rank existing before the conversion.
(b) $\cdots$
(f) The Superintendent shall have the power to establish, by regulations, the conditions upon which the members of the Force may be promoted for merit up to the rank of Captain through special promotions for merit and/ or heroism. In no case shall more than one rank be assigned in a term of two (2) years, and never more than two (2) times through the mechanism of promotion for merit throughout his/her entire career."
Section 2.- Section 12 of Act No. 53 of June 10, 1996, known as the "Puerto Rico Police Act of 1996", as amended, is hereby amended to read as follows: "Section 12.- Ranks; Uniformity.-
(a) The ranks of the members of the Police Force shall be the following: (1) $\ldots$ (2) $\ldots$ (3) Sergeant: A Police Officer promoted to Sergeant after having approved the examinations, and fulfilled the requirements according to the Regulations established by the Superintendent, and who holds, as a minimum, an Associate Degree granted by a college or university certified or accredited by the Council on Higher Education of Puerto Rico, or through a promotion for merit as established by Section 6 of this Act.
(4) Second Lieutenant: A Sergeant who has been promoted to the rank of Second Lieutenant after having approved the examinations and fulfilled the requirements for this rank according to the Regulations established by the Superintendent, and who holds, as a minimum, an Associate Degree granted by a college or university certified or accredited by the Council on Higher Education of Puerto Rico, or through a promotion for merit as established by Section 6 of this Act. (5) First Lieutenant: A Second Lieutenant who has been promoted to the rank of First Lieutenant after having approved the examinations, and the requirements for this rank, according to the Regulations established by the Superintendent, and who holds, as a minimum, an Associate Degree granted by a college or university certified or accredited by the Council on Higher Education of Puerto Rico, or through a promotion for merit as established by Section 6 of this Act. (6) Captain: A First Lieutenant who has been promoted to the rank of Captain after having approved the examinations, and fulfilled the requirements for this rank, according to the Regulations established by the Superintendent, and who holds, as a minimum, a Bachelor's Degree granted by a college or university certified or accredited by the Puerto Rico Council on Higher Education of Puerto Rico or through a promotion for merit as established by Section 6 of this Act. (7) ..."
Section 3.- Section 15 of Act No. 53 of June 10, 1996, known as the "Puerto Rico Police Act of 1996", as amended, is hereby amended to read as follows: "Section 15.- Promotions.-
(a) Promotions in rank shall be granted for merit or by approving examinations up to the rank of Captain, except in those cases provided in this Act. Promotions bestowed for heroic acts shall be granted according to the Regulations established by the Superintendent and shall be effective when a vacancy arises for the corresponding rank.
The criteria for promotions for merit shall be established by regulations of the Police Superintendent taking into consideration the following provisions:
(b) $\ldots$
(c) $\ldots$
(d) $\ldots$
(e) $\ldots$
(f) $\ldots$
(g) ..."
Section 4.- Section 38 of Act No. 53 of June 10, 1996, known as the "Puerto Rico Police Act of 1996", as amended, is hereby amended to read as follows: "Section 38.- Transitory Provisions (A) ... (B) ... (C) ...
It is hereby provided that as of January 1, 2001, in order to be eligible for the rank of Lieutenant Colonel and Colonel, it shall be a requirement to hold a Master's Degree or its equivalent, granted by a college or university certified or accredited by the Council on Higher Education of Puerto Rico; for the ranks of Commander, Inspector and Captain, the candidate must hold a Bachelor's Degree granted by a college or university certified or accredited by the Council on Higher Education of Puerto Rico; for the ranks of First Lieutenant, Second Lieutenant, Sergeant and Police Officer, the candidate must hold an Associate Degree conferred by the Police Academy or by a college or university certified or accredited by the Council on Higher Education of Puerto Rico. The academic studies requirements established herein shall not apply to the members of the Force that entered the same before December 31, 1981, nor to those promotions granted pursuant to the powers conferred to the Police Superintendent by virtue of Section 6 of this Act."
Section 5.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 10 (S.B. 184) (Conference) of the $2^{ ext {nd }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to add subsection
(f) to Section 6 and amend Sections 12, 15(a) and 38 of Act No. 53 of June 10, 1996, known as the "Puerto Rico Police Corps Act of 1996," as amended, in order to reinstate promotion for merit for the members of the Police Corps, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $8^{ ext {th }}$ of September of 2004.
Elba Rosa Rodríguez-Fuentes Director