Esta ley enmienda la Ley de Explosivos de Puerto Rico de 1969 para ajustarla al Código Penal de Puerto Rico de 2004. Modifica las secciones relacionadas con el uso, posesión y penalidades por el manejo ilegal de explosivos, así como el procedimiento de incautación de vehículos utilizados en dichas actividades.
(Approved September 14, 2004)
To amend Sections 26, 27, 28, 30 and 32 of Act No. 134 of June 28, 1969, as amended, known as the Puerto Rico Explosives Act of 1969, to adjust it to the new Penal Code of the Commonwealth of Puerto Rico of 2004.
This is one of several amendments to the laws that are affected by the approval of the new Penal Code of the Commonwealth of Puerto Rico, which in turn repeals the one in effect, approved through Act No. 115 of July 22, 1974.
It is imperative to adjust the entire penal code of laws so that there is uniformity in said code of laws upon the effectiveness of the new Penal Code.
Section 1.- Section 26 of Act No. 134 of June 28, 1969, as amended, is hereby amended to read as follows: "Section 26.- Penalty for Unlawful Use Any person using explosives or any substance that may be used to manufacture explosives for the unlawful purpose of inflicting bodily injury, or to terrify any person, or to injure or destroy any property, or to damage it in any manner, shall be guilty of a felony and, upon conviction thereof, shall be punished with the penalty for a second degree felony."
Section 2.- Section 27 of Act No. 134 of June 28, 1969, as amended, is hereby amended to read as follows:
"Section 27.- Possession for Unlawful Purposes; Penalty Any person having unlawfully in his possession explosives or any substance that may be used to manufacture explosives, or any object that may be used for blasting or for manufacturing explosives or bombs, such as a fuse, battery, clock, acid, blasting or detonating cap, or any other that may serve for analogous purposes, with the intention of using it to inflict bodily injury or to terrify any person, or to damage or destroy any property, or to cause damage to same in any manner, shall be guilty of a third degree felony."
Section 3.- Section 28 of Act No. 134 of June 28, 1969, as amended, is hereby amended to read as follows: "Section 28.- Unlawful Possession Any person unlawfully having in his possession explosives or any substance that may be used to manufacture explosives for purposes other than those provided in the preceding Section of this Act shall be guilty of a misdemeanor."
Section 4.- Section 30 of Act No. 134 of June 28, 1969, as amended, is hereby amended to read as follows: "Section 30.- Other Penalties Any violation of the provisions in this Act and its regulations, unless otherwise expressly provided therein, shall constitute a misdemeanor."
Section 5.- Section 32 of Act No. 134 of June 28, 1969, as amended, is hereby amended to read as follows: "Section 32.- Seizure The Secretary of Justice shall seize every vehicle, mount, vessel or plane in which there is loaded, unloaded, transported, carried or transferred, that is used for loading, unloading, transporting, carrying or transferring, or that is caught loaded, or at the time of loading or unloading, or when transporting or carrying
or transferring any explosive or substance that may be used to manufacture explosives, or in violation of the provisions in this Act or of the regulations thereof.
For the seizure and disposal of vehicles, mounts, vessels or planes the proceeding established by Act No. 93 of June 13, 1988, as amended, known as the "Uniform Seizure Act," shall be followed.
Section 6.- Effectiveness This Act shall take effect upon effectiveness of new Penal Code of the Commonwealth of Puerto Rico of 2004.
I hereby certify to the Secretary of State that the following Act No. 281 (S.B. 2708) of the $7^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Sections 26, 27, 28, 30 and 32 of Act No. 134 of June 28, 1969, as amended, known as the Puerto Rico Explosives Act of 1969, to adjust it 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 $14^{ ext {th }}$ of October of 2005.
Francisco J. Domenech Director