Esta ley enmienda la Ley Núm. 115 de 2 de junio de 1976 para reemplazar el término "certificado de buena conducta" por "certificado de antecedentes penales" en los requisitos para obtener licencias de electricista aprendiz, ayudante o perito. Aclara que la Junta Examinadora de Peritos Electricistas debe evaluar individualmente los antecedentes penales de los solicitantes, considerando la naturaleza del delito y la política pública de rehabilitación, en lugar de denegar automáticamente la licencia por tener un récord criminal.
(H. B. 2095) (Reconsidered) (No. 71) (Approved February 29, 2004)
To amend Section 8 of Act No. 115 of June 2, 1976, as amended, to replace the term "certificate of good behavior" with "criminal record certificate," to clarify the scope of said term, and for other purposes.
Act No. 115 of June 2, 1976, as amended, establishes that every person who aspires to obtain a license as apprentice, or as expert electrician assistant shall submit to the Electrical Experts Examining Board, among other documents, a certificate of good behavior, which requirement was added through amendment by Act No. 46 of June 1, 1984. However, the way that this requirement is drafted, using the term "certificate of good behavior", has generated confusion among the aspirants to obtain licenses from the abovementioned Examining Board. There are many candidates who wish to obtain these licenses that allege they have been denied the opportunity to take the certification examinations upon submitting a certificate issued by the Puerto Rico Police that reflect a criminal record to the Board, when this practice contravenes the intention of the legislator by adding said requirement. If the legislator had wished for the expert electrician candidates to submit a negative criminal record certificate he would have stated it expressly.
When this amendment was enacted, the Secretary of Justice, the Honorable Héctor Rivera Cruz, issued an opinion with regard to whether the Examining Board of Expert Electricians may refuse to admit a person to the examination who has a criminal record and is under probation or parole (Op. Sec. Just. No. 25 of 1985). In his opinion, acknowledging the powers of the Examining Board, he stated: "[T]hus, it is up to the Examining Board of Expert Electricians to evaluate said certificate and the other requirements, in order to determine whether or not to authorize them to take the examination. If said certificate to the contrary, contains a mention of a criminal record, the Board shall then evaluate the specific case to determine whether the crimes previously committed by the candidate effectively disqualify said candidate for the work he/she intends to perform, considering the nature of the crime. Several factors to be considered, among others, are the type of crime, whether a felony or a misdemeanor, if it involves moral turpitude and whether the crime involves a matter of public safety. "In cases in which the candidate has a criminal record and is enjoying the benefit of probation or parole, the Board must acknowledge the rehabilitating nature of the penalties in our jurisdiction. The Constitution of the Commonwealth of Puerto Rico, in Art. VI, Sec. 19, provides that it shall be the public policy of the Commonwealth to regulate penal institutions effectively and to promote, within the available recourses, an adequate treatment for delinquents to enable their moral and social rehabilitation."
Our Correction and Rehabilitation system, has several programs available in which our inmates are trained in trades such as artisanry, carpentry, construction, electricity, sewing, and cosmetology, among others, with the double purpose of achieving their rehabilitation while providing them with necessary tools so that, when they re-enter the free community,
they will be able to join and contribute to it, and support themselves honestly. Many of the trades learned during the rehabilitation process require the obtaining of licenses to practice the profession, this Legislature therefore deems it contravenes our public policy to deny an apprentice, assistant or expert electrician examination to a person for the sole fact that said person has a criminal record without evaluating every case individually.
Therefore, it is pertinent for this Legislature to temper the provisions in Act No. 115 of June 2, 1976, as amended, to the provisions established in Act No. 41 of August 5, 1991, as amended, with regard to what the Examining Board of Expert Electricians shall take into consideration with regard to the evaluations to be made of the criminal record certificates of the candidates.
Section 1.- Section 8 of Act No. 115 of June 2, 1976, as amended, is hereby amended to read as follows: "Section 8.- Licenses and Requirements Any person who hopes for a license as an apprentice expert electrician shall meet the following requirements: (1) (2) (3) (4) File a medical certificate with the application showing that the person is physically and mentally fit to work in construction projects and with electrical machines and circuits, and a "Criminal Record Certificate" issued by the Puerto Rico Police, if said candidate is eighteen years of age and older. Upon evaluating said certificate, the Board shall be bound to
the provisions established in Section 7 of Act No. 41 of August 5, 1991, as amended. (5) (6) Any person who hopes for a license as assistant expert electrician shall meet the following requirements: (1) (2) (3) (4) File a medical certificate with the application showing that the candidate is physically and mentally fit to work in construction projects and with electric machines and circuits, and a "Criminal Record Certificate" issued by the Puerto Rico Police. On evaluating said certificate, the Board shall be subject to the provisions established in Section 7 of Act No. 41 of August 5, 1991, as amended. (5) (6) (7) Any person requesting a license as an expert electrician shall meet the following requirements: (1) (2) (3) (4) Submit with the application, a medical certificate showing that the candidate is physically and mentally fit to work in construction projects and with electric machines and circuits,
and a "Criminal Record Certificate" issued by the Puerto Rico Police. Upon evaluating said certificate, the Board shall be subject to the provisions of Section 7 of Act No. 41 of August 5,1991 , as amended. (5) $\qquad$ (6) $\qquad$ (7) $\qquad$ (8) $\qquad$ " Section 2.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 71 (H.B. 2095) (Reconsidered) of the $7^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Section 8 of Act No. 115 of June 2, 1976, as amended, to replace the term "certificate of good behavior" with "criminal record certificate," to clarify the scope of said term, and for other purposes, 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