Esta ley enmienda la Ley Núm. 108 de 21 de junio de 1968 para sustituir la referencia al Tribunal de Distrito por el Tribunal de Primera Instancia en los procedimientos relacionados con la eliminación de convicciones del récord penal. También establece el proceso de apelación de las decisiones del Tribunal de Primera Instancia ante el Tribunal de Circuito de Apelaciones y la revisión por certiorari ante el Tribunal Supremo de Puerto Rico.
(N. B. 2455) (Approved January 3, 2003)
To amend Act No. 108 of June 21, 1968, as amended, to substitute the forum of the District Court with the Court of First Instance in Sections 2 and 3, as well as to amend Section 3 of the referenced Act regarding the courtrooms of instance and the process of appeals ordained therein.
Reorganization Plan No. 1, pertaining to the Judicial Branch of Puerto Rico, was approved on July 28, 1994. The purpose of the referenced plan was to adopt the Judiciary Act of the Commonwealth of Puerto Rico of 1994, set forth the jurisdiction of the Supreme Court, create the Circuit Court of Appeals, and also to consolidate the existing courtrooms into a single courtroom, and establish the nature, organization, and jurisdiction of the Court of First Instance. Likewise, this plan set forth the amount of Superior Judges that would comprise the Court of First Instance, and the matters in which said judges would adjudicate.
The Court of First Instance was created by virtue of Section 5.005 and Section 9.101 of the Judiciary Act of 1994, supra, which is typified as an original jurisdiction general court of justice of consolidated venue. The former District Court, pursuant to the new judiciary reorganization, remains in operations during the gradual elimination process set forth in the Act as a Sub-section of the Court of First Instance. The referenced elimination process of the District Court has a term of eight (8) years, beginning at the date of effectiveness of the Judiciary Act, supra, which is July 28, 1994.
Currently, the referenced District Court has been eliminated completely, and as a consequence, no district judges remain in the judiciary system of the Commonwealth of Puerto Rico.
The decisions of the Court of First Instance, pursuant to Act No. 108 of June 21, 1968, as amended, shall be final and firm. Persons affected by said decisions cannot turn to the traditional appellate forums set forth on July 28, 1994, when Reorganization Plan No. 1, pertaining to the Judiciary Branch of Puerto Rico, was approved. As a result of the approval of the referenced plan, the Court Administration took it upon itself to incorporate a series of administrative changes for the purpose of maximizing the resources of the Judiciary Branch and expediting the rendering of services to the citizenry. These changes have propitiated initiatives geared toward the creation of specialized courtrooms for certain matters, thereby addressing said matters with the timeliness they deserve. The intermediate appellate forum of the Circuit Court of Appeals was created under this plan, and as the forum of last instance, the Supreme Court of Puerto Rico.
On the other hand, Act No. 108 of June 21, 1968, as amended, in its Section 3, sets forth an appellate procedure that orders primary jurisdiction in matters pertaining to the elimination of convictions from the penal record from the extinct District Court, and final and firm appellate jurisdiction to the decisions of the Court of First Instance.
Thus, pursuant to the dispositions set forth in the Judiciary Act of 1994 and the state laws in effect in the Commonwealth of Puerto Rico, Act No. 108 of June 21, 1968, as amended, is obsolete regarding the jurisdiction granted to the extinct District Court, and this Legislative Assembly must temper said Act to the judiciary reality of the Commonwealth of Puerto Rico.
Section 1.-Articles 2 and 3 of Act No. 108 of June 21, 1968, as amended, are hereby amended to read as follows: "Section 2.-Presentation of Evidence To obtain the court order referenced in Section1 of this title, the petitioner must submit a request to the Court of First Instance of his area of residence, stating under oath his duly formulated intent and accompanying same with the pertinent written evidence to support his request. A copy of the request and all the written evidence shall be forwarded to the Ministry of Prosecution and the Superintendent of the Puerto Rico Police simultaneously upon submittal.
The Court shall hold a hearing in which the petitioner, on his own behalf or by means of his attorney, may submit any additional written and oral evidence deemed necessary to prove his case to the Court.
In any hearing to be held in the Court of First Instance pursuant to Article 1 et seq. of this title, the attorneys of the Puerto Rico Police or the corresponding district attorney shall be compelled to appear. In either case, appearance may be in person or in writing.
Section 3.-Appeals The decision of the Court of First Instance may be appealed before the Circuit Court of Appeals and the judgment issued by same may be reviewed by means of certiorari by the Supreme Court of Puerto Rico."
Section 2.-This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 44 (H.B. 2455) of the 4 ${ }^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Act No. 108 of June 21, 1968, as amended, to substitute the forum of the District Court with the Court of First Instance in Sections 2 and 3, as well as to amend Section 3 of the referenced Act regarding the courtrooms of instance and the process of appeals ordained therein, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $31^{ ext {st }}$ of January of 2004.
Elba Rosa Rodríguez-Fuentes Director