Esta ley enmienda la Sección 83 de la Ley Núm. 115 de 22 de julio de 1974 para actualizar las referencias a la legislación sobre protección de menores, sustituyendo la mención de la Ley Núm. 342 de 16 de diciembre de 1999 por la Ley Núm. 177 de 1 de agosto de 2003, conocida como la "Ley para el Bienestar y la Protección Integral de la Niñez". También corrige la terminología utilizada para referirse a los tipos de custodia (custodia temporal y/o física) en casos de muerte de un menor de doce años o menos como consecuencia de abuso intencional por parte de quien tiene su custodia.
(Approved September 23, 2004)
To amend subsection (C) of Section 83 of Act No. 115 of July 22, 1974, as amended, to substitute the reference to Act No. 342 of December 16, 1999, as amended, known as the "Safeguarding of Minors in the Twenty-First Century," in view of the enactment of Act No. 177 of August 1, 2003, known as the "Comprehensive Child Well-being and Protection Act," which repealed Act No. 342, supra, as well as to correct the terminology use in reference to the types of custody to be granted under Act No. 177, supra.
In order to safeguard the physical and emotional integrity and the safety of minors in Puerto Rico, the Legislature of Puerto Rico has passed legislation for the protection of minors. For example, on May 28, 1980, Act No. 75, known as the "Child Protection Act," was approved, then repealed by Act No. 342 of December 16, 1999, known as the "Safeguarding of Minors in the Twenty-First Century." Recently, Act No. 177 of August 1, 2003, known as the "Comprehensive Child Well-being and Protection Act," was approved and, in turn, it repealed Act No. 342, supra.
On the other hand, it is important to mention that the terminology used in Act No. 75, supra, to make reference to the types of custody to be granted by said Act were modified in Act No. 342, supra, and acknowledged in Act No. 177, supra. In other words, Act No. 75, supra, refers to a "de jure or de facto custody," while Act No. 342, supra, and Act No. 177, supra, refer to "custody," "temporary custody" and "physical custody."
In Puerto Rico, the governing legal principle in the penal sphere requires faithful compliance with the juridical norm that configures the offense to be penalized. Therefore, the erroneous reference to a non-existing law (Act No. 342, supra), as well as to a terminology that is not in agreement with the law in effect creates a juridical loophole, commonly known as "subterfuge," which may be the cause of impunity for offenses, due to a legal technicality.
In view of the aforementioned, this Legislature deems warranted the enactment of this legislation for the sake of the well-being of the minor, the reunification of the family and the strengthening of the Puerto Rican family.
Section 1.- Subsection (C) of Section 83 of Act No. 115 of July 22, 1974, as amended, is hereby amended to read as follows:
Section 83.- ... (A) ... (B) ... (C) The death of a minor age twelve (12) years or less, when produced as a consequence of physical injury caused by the intentional abuse committed by the father, mother or person who holds custody temporary and/or physical custody of the child as set forth in Act No. 177 of August 1, 2003, known as the "Comprehensive Child Wellbeing and Protection Act."
Section 2.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 472 (S.B. 2551) of the $7^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend subsection (C) of Section 83 of Act No. 115 of July 22, 1974, as amended, to substitute the reference to Act No. 342 of December 16, 1999, as amended, known as the "Safeguarding of Minors in the Twenty-First Century," in view of the enactment of Act No. 177 of August 1, 2003, known as the "Comprehensive Child Well-being and Protection Act," which repealed Act No. 342, supra, as well as to correct the terminology use in reference to the types of custody to be granted under Act No. 177, supra, 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