Esta ley enmienda la Ley Núm. 50 de 5 de agosto de 1993 para tipificar como delito grave el ofrecer o proveer información falsa con la intención de evadir los propósitos de dicha ley, en relación con convicciones por ciertos delitos relacionados con corrupción en el ejercicio de funciones públicas. Establece penas de prisión para quienes incurran en esta conducta.
(Approved February 20, 2004)
To amend Section 6 of Act No. 50 of August 5, 1993, to establish as a felony the offering and providing false information with the intention of evading the purposes of this Act, regarding convictions for any of the crimes listed in said statute, and to modify its penalties.
Act No. 50 of August 5, 1993, prohibits any official and public employee or the co-author, convicted for certain crimes which due to their nature constitute acts of corruption committed in the exercise of their public duties, to seek or hold any public or elective office. In addition, it amended Section 3.3 of Act No. 5 of October 14, 1975, as amended, known as the "Public Service Personnel Act," to exclude from the ability to hold public office, any public official and employee or the co-authors, convicted for the commission of the abovementioned crimes. Among these crimes are aggravated misappropriation, extortion, unlawful gain by a public official, bribery, undue influence and forgery of documents.
The prohibition established in Act No. 50 cited above, is not absolute. Although it prohibits any person who has been convicted for the commission of a felony of those listed therein, from aspiring or holding any elective office, said Act conditions that prohibition to a term of twenty (20) years in the case of persons convicted of such felonies, who aspire to hold nonelective public service offices or positions. In the case of persons convicted
for any of the misdemeanors listed in the Act, said persons shall not aspire to or hold any elective office or position in public service for a term of eight (8) years, counted from their conviction.
The purpose of this Act is to modify the aforementioned Act No. 50, supra, to establish as a felony the offering and providing false information with the intention of eluding the purposes of said Act, regarding the conviction for any of the crimes listed in said statute. Thus, those persons who through their acts or omissions disdain public office and our jurisprudence shall be subject to more severe penalties. With the approval of this Act, the battle of the Commonwealth of Puerto Rico to prevent and eradicate government corruption is strengthened.
Section 1.- Section 6 of Act No. 50 of August 5, 1993, is hereby amended to read as follows: "Section 6.- Any person who offers or provides false information with regard to a conviction for any of the crimes listed above with the intention of evading the purposes of this Act shall incur a misdemeanor and upon conviction thereof shall be punished by imprisonment for a fixed term of two (2) years. If there were aggravating circumstances, the fixed penalty established herein may be increased to a maximum of three (3) years; if there are extenuating circumstances, it may be reduced to a minimum of one (1) year. Provided, that this crime shall prescribe after five (5) years."
Section 2.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 69 (H.B. 3683) of the $7^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Section 6 of Act No. 50 of August 5, 1993, to establish as a felony the offering and providing false information with the intention of evading the purposes of this Act, regarding convictions for any of the crimes listed in said statute, and to modify its penalties, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $17^{ ext {th }}$ of June of 2005.
Luis E. Fusté-Lacourt Director