Esta ley enmienda la Ley Núm. 300 de 1999, conocida como la "Ley de Verificación de Antecedentes Penales de Proveedores de Servicios de Cuidado a Niños y Ancianos de Puerto Rico", para adaptarla al Código Penal de Puerto Rico de 2004. Establece los delitos por los cuales no se puede ser proveedor de servicios de cuidado a niños y ancianos, incluyendo crímenes contra menores, delitos sexuales violentos y una lista de delitos graves. Requiere la obtención de una certificación de antecedentes penales de la Policía de Puerto Rico y del Registro de Personas Convictas por Delitos Sexuales y Abuso de Menores.
(Approved September 14, 2004)
To amend subsections (1) and (2) of Section 3 and Sections 4 and 7 of Act No. 300 of September 2, 1999, known as the "Criminal Record Verification Act of Care Services Providers for the Children and the Elderly of Puerto Rico," in order to temper the same to the new Penal Code of the Commonwealth of Puerto Rico of 2004.
Section 1.-Subsections (1) and (2) of Section 3 of Act No. 300 of September 2, 1999, are hereby amended to read as follows: "Section 3.-Definitions The following terms shall have the meaning expressed below: (1) "Crimes against minors"- are the crimes listed in subsections
(a) and
(b) of Section 3 of Act No. 28 of July 1, 1997, as amended, when these are committed against a person under eighteen (18) years of age. (2) "Violent sex crimes"- are the crimes listed in subsections
(a) and
(b) of Section 3 of Act No. 28 of July 1, 1997, as amended, in which force, violence or intimidation is used against a person with the intention of sexually abusing said person.
Sections 2.-Section 4 of Act No. 300 of September 2, 1999, is hereby amended to read as follows:
Section 4.-Prohibition to providers and certification (A) No person may function as a care services provider for children and the elderly or be able to provide such services in the jurisdiction of the Commonwealth of Puerto Rico unless having previously applied for and received a certification indicating that said person is not registered in the Registry of persons convicted of sex crimes and child abuse created by Act No. 28 of July 1, 1997, as amended, in the Criminal Record Register of the Puerto Rico Police, authorized by Act No. 254 of July 27, 1974, as amended, or in the Criminal Justice Information System created by Act No. 129 of June 30, 1977, as amended, as convicted of any violent sex crime or child abuse. It shall furthermore be required to request and obtain a certificate from the Puerto Rico Police or from the Criminal Justice Information System indicating that the person has not been convicted of any of the following felonies committed during the effective term of the Puerto Rico Penal Code of 1974, as amended: (1) Murder, in any of its degrees or modalities. (2) Homicide, in any of its degrees or modalities. (3) Incitement to suicide. (4) Aggravated assault, in any of its degrees or modalities. (5) Mutilation. (6) Throwing acid to a person. (7) Rape, in any of its modalities. (8) Seduction. (9) Sodomy. (10) Bestiality. (11) Indecent exposure. (12) Obscene propositions.
(13) Procurement, roguery, or carnal commerce. (14) Incest. (15) Restriction of liberty, in any of its degrees or modalities. (16) Kidnapping, in any of its modalities. (17) Abandonment of a minor. (18) Child abduction. (19) Illegal deprivation of custody (20) Adoption in exchange for payment. (21) Perversion of a minor. (22) Public mendicancy by a minor. (23) Theft. (24) Extortion. (25) Abuse against minors or disabled persons. (26) Imposture. (27) Arson, in any of its degrees or modalities. (28) Devastation; or (29) Conversion, fraud or misappropriation of public funds, to also include those cases in which the person has plead guilty in a Commonwealth or Federal forum or in any other jurisdiction of the United States of America.
Nor any of the following crimes committed after the effective date of the new Penal Code of the Commonwealth of Puerto Rico of 2004: (1) Murder, in any of its degrees or modalities; (2) Incitement to suicide; (3) Aggravated assault, in any of its modalities; (4) Negligent injury; (5) Sexual aggression;
(6) Bestiality; (7) Indecent exposure; (8) Obscene propositions; (9) Procurement, roguery or carnal commerce; (10) Production of child pornography; (11) Possession and distribution of child pornography; (12) Use of a minor for purposes of child pornography; (13) Restriction of liberty, in any of its modalities; (14) Kidnapping, in any of its modalities; (15) Abandonment of minors; (16) Child abduction; (17) Illegal deprivation of custody; (18) Adoption in exchange for payment; (19) Perversion of minors; (20) Theft, in any of its modalities; (21) Illegal identity theft (22) Arson, in any of its modalities; (23) Devastation.
Nor for violation of the Controlled Substances Act, as amended, with the exception of its Section 404 in all its modalities. (B) The certification required in subsection (A) of Section 4 of this Act shall be issued by the Puerto Rico Police. The Police Superintendent shall adopt and promulgate the regulations needed to enforce the provisions of this Act related to the application and issue of said certification. The aforementioned regulations may require that the applicant fill out a form with detailed information of his/her person, and submit the latter as well as a photograph of him/herself and a sample of fingerprints to the Puerto Rico
Police. The Superintendent may retain said forms, photographs and samples and use them for investigative purposes."
Section 3.-Section 7 of Act No. 300 of September 2, 1999, is hereby amended to read as follows: "Section 7.-Penalty Any person who violates the provisions of this Act shall incur a misdemeanor."
Section 3.-Effectiveness This Act shall take effect whenever the Penal Code of the Commonwealth of Puerto of 2004 takes effect.
I hereby certify to the Secretary of State that the following Act No. 273 (H.B. 4601) of the $7^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend subsections (1) and (2) of Section 3 and Sections 4 and 7 of Act No. 300 of September 2, 1999, known as the "Criminal Record Verification Act of Care Services Providers for the Children and the Elderly of Puerto Rico," in order to temper the same to the new Penal Code of the Commonwealth of Puerto Rico of 2004, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $3^{ ext {rd }}$ of October of 2005.
Francisco J. Domenech Director