Esta ley enmienda varias secciones de la Ley de Menores de Puerto Rico (Ley Núm. 88 de 9 de julio de 1986) para ajustarla al nuevo Código Penal de Puerto Rico. Modifica definiciones de ofensas, la jurisdicción del tribunal en casos de menores, el proceso de renuncia de jurisdicción y las medidas resolutorias y su duración para diferentes clases de ofensas cometidas por menores. También ajusta las disposiciones sobre apelaciones.
(Approved September 16, 2004)
To amend Sections 3, 4, 15, 27 and 36 of Act No. 88 of July 9, 1986, as amended, known as the Minors' Act of Puerto Rico, as amended, to adjust the same to the new Penal Code of the Commonwealth Puerto Rico.
The present 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 body of laws so that upon the introduction of the new Penal Code there is uniformity in said body.
Section 1.- Section 3, subsection
(m) of Act No. 88 of July 9, 1986, as amended, is hereby amended to read as follows: "Section 3.- Definitions The words and phrases used in this Act shall mean:
(a) ...
(b) ...
(c) ...
(d) ...
(e) ...
(f) ...
(g) ...
(h) ...
(i) ...
(j) ...
(k) ...
(l) ...
(m) 'Class III Offense' - Conduct that if incurred by an adult would constitute a first degree felony, except for the modality of first degree murder that is excluded from the authority of the Court; second degree felony; the following felonies in the classification of third degree: manslaughter, aggravated burglary, kidnapping, theft, aggravated assault under the modality of mutilation, manslaughter; and the following offenses in special laws: distribution of controlled substances and Sections 5.03, 5.07, 5.08, 5.09 and 5.10 of the Weapons Law.
Section 2. - Subsections
(a) ,
(b) and
(c) of Section 4, of Act No. 88 of July 9, 1986, are hereby amended to read as follows: "Section 4.- Jurisdiction of the Court The court shall have the authority to take cognizance of:
(a) ...
(b) ...
The court shall not have the authority to take cognizance of:
(a) Any case in which a minor who has reached the age of fifteen (15) is charged with having committed acts constituting first degree murder as defined in subsection
(a) of Section 106 of the Penal Code of the Commonwealth of Puerto Rico.
(b) Any case in which a minor who has reached the age of fifteen (15) is charged with acts constituting a crime arising from the same transaction or event constituting murder in the first degree as defined in subsection
(a) of Section 106 of the Penal Code of the Commonwealth of Puerto Rico.
(c) Any case in which a minor is charged with acts constituting a crime when he/she has been previously charged with a felony as an adult.
In all cases contemplated in the previous subsections, the minor shall be tried as an adult.
The Criminal Part of the General Court of Justice shall retain jurisdiction over the minor even when he/she pleads guilty or has been convicted of a crime other than murder as defined in subsection
(a) of Section 106 of the Penal Code of the Commonwealth of Puerto Rico. Similarly, it shall retain jurisdiction when the Minors Part of the Superior Court has waived jurisdiction over the minor and in the ordinary process as an adult, the charges against the minor have been vacated or the minor has been found not guilty.
When a judge determines that there is probable cause for a crime other than murder, as defined in subsection
(a) of Section 106 of the Penal Code of the Commonwealth of Puerto Rico, this, and any other crime arising from the same transaction shall be transferred to the court exercising its authority under the provisions of this Act which shall retain and maintain jurisdiction, as provided in Section 5 of this Act."
Section 3.- Section 15 of Act No. 88 of July 9, 1986, as amended, is hereby amended to read as follows:
Section 15.-Waiver of Jurisdiction
(a) Petition by the Advocate
The court, by petition of the Advocate, may waive its jurisdiction over a minor
who is over fourteen (14) and under eighteen (18) years of age, who is charged with committing any Class II or III offense. The Advocate may file the wellfounded petition when he/she deems that it shall not be in the best interest of the minor and of the community to try the case under the provisions of this Act.
The Advocate may file the petition for waiver of jurisdiction in the following cases: (A) When a minor who is older than fourteen (14) years of age is charged with acts constituting murder in the modality under the authority of the court, any other first degree felony and any other offense that arises from the same transaction or event. (B) ... $\qquad$ Section 4. Subsection
(c) of Section 27 of Act No. 88 of July 9, 1986, as amended, is hereby amended to read as follows: "Section 27. - Resolutory Measures; Duration
(a) Class I Offense:
When the court finds that the minor has incurred conduct which if incurred by an adult would constitute a misdemeanor, it shall adjudicate the commission of a Class I offense and may impose any of the following resolutory measures: (1) ... (2) ... (3) ...
(b) Class II Offense:
When the court finds that a minor has incurred conduct which if incurred by an adult would constitute a felony except those included in Class III, it shall adjudicate the commission of a Class II offense and may impose any of
the following resolutory measures: (1) ... (2) ... (3) ...
(c) Class III Offense:
When the court finds that the minor has incurred a Class III offense, it may impose any of the following resolutory measures: (1) Parole for a maximum term of four (4) years; (2) Custody for a maximum term of three (3) years."
Section 5.- Section 36 of Act No. 88 of July 9, 1986, as amended, is hereby amended to read as follows: "Section 36.- Appeals The final order or resolution rendered by the judge with respect to a minor pursuant to the provisions of this Act, may be appealed before the Court of Appeals of Puerto Rico. The interlocutory orders and resolutions may be reviewed before the Court of Appeals of Puerto Rico through a writ of certiorari. The order, resolution or sentence of the Court of Appeals may be reviewed by the Supreme Court by means of a writ of certiorari. The rules adopted by the corresponding court shall govern the construction of these recourses. The filing of the appeal shall not stay the effects of any order issued by the judge with respect to the minor, unless the court decrees otherwise."
Section 6. - Effectiveness This Act shall take effect when the Penal Code of the Commonwealth of Puerto Rico takes effect.
I hereby certify to the Secretary of State that the following Act No. 334 (S.B. 2709) of the $7^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Sections 3, 4, 15, 27 and 36 of Act No. 88 of July 9, 1986, as amended, known as the Minors' Act of Puerto Rico, as amended, to adjust the same to the new Penal Code of the Commonwealth Puerto Rico, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $29^{ ext {th }}$ of May of 2007.
Francisco J. Domenech Director