Esta ley enmienda la Ley de Sentencia Suspendida y Libertad Condicional (Ley Núm. 259 de 1946) para armonizarla con el nuevo Código Penal de Puerto Rico de 2004. Modifica las secciones que establecen los casos en los que se puede suspender la sentencia de prisión y ordenar la libertad condicional, excluyendo ciertos delitos graves y delitos relacionados con armas, explosivos y sustancias controladas. También añade como condición para la libertad condicional el cumplimiento con la pena especial al Fondo de Víctimas, la sumisión a pruebas de detección de sustancias controladas, la toma de muestra de ADN si es requerida, y el registro en el Registro de Personas Convictas por Delitos Sexuales Violentos y Maltrato de Menores o en el Registro de Personas Convictas por Corrupción, según aplique.
(September 23, 2004)
To amend Sections 2 and 2A of Act No. 259 of April 3, 1946, as amended, known as the Suspended Sentence and Probation Act, in order to harmonize it to the new Penal Code of the Commonwealth of 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 code of laws so that upon the introduction of the new Penal Code there is uniformity in said Code.
Section 1.- Section 2 of Act No. 259 of April 3, 1946, as amended, is hereby amended to read as follows: "Section 2.- The Court of First Instance may suspend the effect of the sentence of imprisonment in all cases of felonies and in all cases of misdemeanors that arise from the same facts or from the same transactions other than:
(a) Felony with penalty in the classifications of first degree or second degree as typified in the new Penal Code of Puerto Rico or in a special law.
(b) One of the following felonies with penalties in the classification of the third degree: lewd acts when the victim is a minor under fourteen (14) years of age, kidnapping, burglary, robbery, havoc, negligent homicide, bribery, offer to bribe, misappropriation of property or of public funds, unjustified enrichment and embezzlement of public funds.
(c) One of the following felonies of the Puerto Rico Weapons Law, with penalty of third degree felony, violation to Sections 5.01 (Manufacture, Sale and Distribution of Arms), 5.02 (Prohibition to Sell Arms to Unlicensed Persons), 5.08 (Possession or Sale of Arms with Silencer), 5.09 (Facilitation of Arms to Third Parties), and 5.10 (Arms with Mutilated Serial Number).
(d) Felony that arises as a consequence of the possession or illegal use of explosives or substances to manufacture explosives or detonators, artifacts or mechanisms prohibited by the Puerto Rico Explosives Act, as amended.
(e) A felony for the commission of which the person used or intended to use a firearm.
(f) One of the following felonies of the Controlled Substances Act; Section 401 (Prohibited Acts); 405 (Distribution to persons under eighteen (18) years of age; 411 (Employment of minors) 411a (Introduction of drugs to schools and institutions).
(g) An attempt to or cooperation in any of the crimes excluded in letters
(a) to
(f) above.
It may likewise suspend the effects of the sentence ordered in all cases of misdemeanors that arise from the same facts or from the same transaction that has also resulted in a sentence
for a felony other than those excluded from the benefits of this Act, including the case in which a person has been found not guilty for said felony or that said felony has been reduced to a misdemeanor, and thus convicted, shall order that the sentenced person be released on probation provided that at the time of imposing said sentence all the requirements listed hereinafter concur: (1) $\ldots$ (2) $\ldots$ (3) $\ldots$ (4) $\ldots$
In the case of misdemeanors that do not arise from the same facts or transaction that resulted in a felony, the Court of First Instance may likewise, suspend the effect of the sentence when it is solely of imprisonment, and shall order that the person sentenced be released on probation provided that at the time of imposing said sentence all the requirements listed hereinafter concur: (1) $\ldots$ (2) $\ldots$ (3) $\ldots$ (4) $\ldots$
Pursuant to the provided above, the sentencing court may also suspend the effects of the sentence of imprisonment that it has ruled in all cases of negligent homicide in its modality of lesser offense that was not caused while driving a vehicle under the influence.
Section 2.- The second paragraph of Section 2A of Act No. 259 of April 3, 1946, as amended, is hereby amended to read as follows: "Section 2A.
As a condition for probation, the person sentenced shall have satisfied the special penalty to the Victim's Fund provided in the Penal Code of the Commonwealth of Puerto Rico, shall consent to submit to a regular program for the detection of controlled substances through reliable tests that allow for his/her orientation, treatment and rehabilitation, to the taking of a sample for DNA analysis, if required by law, and shall also register his/her name, address and other personal information in the Registry of Persons Convicted for Violent Sexual Crimes and Child Abuse created by law in the Criminal Justice Information System or in the Registry of Persons Convicted for Corruption when convicted for a crime of those listed therein. ... ... Section 3.- Effectiveness. This Act shall take effect when the Commonwealth of Puerto Rico Penal Code of 2004 becomes effective.
I hereby certify to the Secretary of State that the following Act No. 479 (S.B. 2703) of the $7^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Sections 2 and 2A of Act No. 259 of April 3, 1946, as amended, known as the Suspended Sentence and Probation Act, in order to harmonize it to the new Penal Code of the Commonwealth of Puerto Rico, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today 23rd of November of 2005.
Francisco J. Domenech Director