Esta ley enmienda la Regla 74 de las Reglas de Procedimiento Criminal de Puerto Rico para modificar el procedimiento cuando un acusado presenta una defensa de locura o coartada. La enmienda establece que el acusado debe proporcionar inmediatamente al fiscal la evidencia que respalda dicha defensa, eliminando la necesidad de una moción previa del fiscal. También elimina las referencias al "Tribunal de Distrito" para armonizar la regla con la nueva Ley de la Judicatura.
(S.B. 170) (Conference) (No. 298) (Approved December 25, 2002)
To amend Rule 74 of Act No. 87 of June 26, 1963, as amended, known as the Rules of Criminal Procedure for the General Court of Justice, in order to adopt a new procedure, which provides that whenever a defendant enters a plea of not guilty and establishes a plea of insanity or alibi, shall immediately furnish the evidence that supports said plea to the Prosecutor; and to eliminate any allusions to the "District Court" from the text to temper it to the amendments of the new Judiciary Act.
Rule 74 of the Rules of Criminal Procedure provides that whenever a defendant announces an intention to enter a plea of insanity or alibi he/she shall "furnish to the prosecutor, if he/she thus requests it," certain information contained in said Rule. This means that upon notice of said defenses, the prosecutor has to then file a motion to request the defendant to furnish the information to him/her. This requirement, that was not present in the original text of the Act, originates from an amendment made through Act No. 30 of May 29, 1984. Said amendment was approved with the purpose of adopting certain recommendations of the Supreme Court on the information that every defendant must furnish who invokes these defenses and on the procedure to announce the same and notify the prosecutor.
It is obvious that before every plea of insanity or alibi, the Prosecutor is interested in and shall file a motion to such effect, in order to be in a position to decide whether to refute or to accept the same. The common practice in
the courts is that the defendant files the Motion or Notice that the defense shall use of mental disability or alibi. Then, the Prosecutor files the Motion to Request Specific Information, and finally, the Court issues a resolution, ordering the defense to furnish the requested information to the Prosecutor.
On the other hand, we have that Rule 6.5 of the Rules of Procedures for Childrens Affairs, which governs this same situation, provides that "when the child intends to establish the defense of mental disability at the time of the alleged perpetration of the offence charged against him/her, or when the defense in that of alibi, he/she shall file a notice to that effect with the Court, with service to the Prosecutor," including the specific information in which he/she grounds his/her defense and establishes all the data that the minor shall furnish to the Prosecutor so that the latter can prepare to refute or accept the defense of mental disability or alibi. Said procedure makes unnecessary the Motion of the Prosecutor requiring the pertinent information and the Court's resolution ordering the furnishing thereof.
The method established in the case of minors is of greater procedural efficiency and said concept shall be adopted to correct Rule 74 of the Criminal Procedure, so the information to which the Prosecutor is entitled to is directly furnished in the same notice of defense of mental disability or alibi.
On the other hand, the name "District Court" is hereby eliminated from the text, in order to avoid a further legislation to the effect when it finally disappear; and the term to give notice to the same by the defendant shall apply in cases of misdemeanors on which there is no right for a jury trial, that are those currently attended by said Court.
The objective pursued by this project is in harmony with the provisions of the first Rule of the Criminal Procedure to the effect of assuring a fair
execution of every penal process and to avoid delays and unjustified expenses.
Section 1.- Rule 74 of the Rules of Criminal Procedure of 1963, as amended, is hereby amended to read as follows: "Rule 74.- PLEA OF NOT GUILTY; NOTICE OF PLEA OF INSANITY OR ALIBI
When the defendant enters a plea of not guilty and intends to establish an alibi or plea insanity at the time of the alleged commission of the offence he/she is charged with, he/she must file notice to the effect before the First Instance Court, with notice to the prosecutor within twenty (20) days following the reading of charges in cases where said act must be held. When copy of the charges has been personally delivered to the defendant, the term for filing these motions shall not be more than twenty (20) days from the moment the defendant. When the defendant fails to answer, the term shall not be more than twenty (20) days after the plea of not guilty is registered. In cases of misdemeanors, to which the right to trial by jury does not apply, the notice, which shall be served to the prosecutor, shall be filed at least twenty (20) days prior to the trial.
The defendant who wished to enter a plea of insanity shall provide to the Prosecutor, at the moment he/she enters the same, the following information:
(a) The witnesses he/she intends to use to establish a plea of insanity.
(b) The address of said witnesses.
(c) The documents he/she intends to use to establish the plea, furnishing copy of the same, and if they are not in his/her
possession, in whose possession such documents are, authorizing to make photocopies of the same.
(d) Hospital or hospitals in which he/she receive treatment and the dates on which he/she received it.
(e) Physicians or doctors who might treat or assist the defendant with regard to his/her mental disability.
The defendant who wishes to establish a defense of alibi shall provide the Prosecutor, at the time of establishing the same, the following information:
(a) Place in which the defendant was on the date and at the time the offence was committed.
(b) After what hour the defendant was at that place.
(c) Until what time the defendant was at that place.
(d) What documents, writings, pictures, or papers that the defendant intends to use to establish his/her defense of alibi, furnishing copy of the same and if they are not in his/her possession, in whose possession such documents are, authorizing to photocopy the same.
The prosecutor shall have the reciprocal obligation of informing the defendant of the name and address of the witnesses or the documents he/she intends to use to rebut the plea of insane or the alibi.
In both cases, if the defendant or the prosecutor fails to comply with said notice or fails to supply the information required, shall have no right to provide such evidence. The Court may, however, allow the furnishing of said evidence when there is presented a justified cause for failing to present the notice or information. In such cases, the court may decree to postpone the trial or to provide any other appropriate remedy."
Section 2.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 298 (S.B. 170) (Conference) of the $4^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Rule 74 of Act No. 87 of June 26, 1963, as amended, known as the Rules of Criminal Procedure for the General Court of Justice, in order to adopt a new procedure, which provides that whenever a defendant enters a plea of not guilty and establishes a plea of insanity or alibi, shall immediately furnish the evidence that supports said plea to the Prosecutor; and to eliminate any allusions to the "District Court" from the text to temper it to the amendments of the new Judiciary Act, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $12^{ ext {th }}$ of August of 2005.
Francisco J. Domenech Director