Ley 149 del 2007
Resumen
Esta ley enmienda la Ley de Armas de Puerto Rico para tipificar como delito grave el uso de pistolas o dispositivos de descarga eléctrica en la comisión de un crimen, estableciendo penas de prisión para quienes infrinjan esta disposición.
Contenido
(No. 149)
(Approved October 26, 2007)
AN ACT
To amend Section 5.04 of Act No. 404 of September 11, 2000, as amended, known as the "Puerto Rico Weapons Law," in order to typify as a felony the use of a pistol or electrical shock device in the commission of a crime; to impose penalties.
STATEMENT OF MOTIVES
Pistols or electrical shock devices are weapons used to force the surrender of a person by administering an electrical shock that may disrupt the superficial functions of the muscles. Among some of these devices are electrical shock batons and the devices commonly known as Taser Guns. These devices were originally designed to be used by police corps. Electrical shock pistols, for example, are devices that use small gas charges, similar to those of an air rifle, to shoot dart-shaped electrodes at a person's body. High voltage and low amperage electrical discharges immobilize the victim.
Electrical shock pistols are currently used in more than five thousand Police Departments in the United States. In Puerto Rico, they are used by some specialized Police units and by some private security agencies. Their use is mainly directed to avoid the use of lethal force which may cause deaths such as those related to firearms. The use of this technology by individuals to commit crimes, however, is always a possibility, because the
victim is rendered completely immobile with the same, which turns him/her into easy prey for the criminal.
Models of Taser-type weapons can reach a distance of up to 30 feet with a capacity of 50,000 volts, which have the effect of immediately paralyzing the subject of the discharge. This technology was designed to be used by security agencies, but it is in the market available to any person, the only requirement for their acquisition is to be over eighteen years old.
The concern regarding this type of devices arises from the possibility that people may use this technology to commit crimes, because after the electric shock, an individual may be at the mercy of an assailant for several minutes. A discharge from said device may work on any part of the body and since it is easily acquired, unscrupulous persons who live on the fringes of the law may now have an additional tool for committing criminal acts.
Evidently, a person who is attacked is exposed to becoming an easy victim for the commission of crimes against him/her. We are concerned about the use of this technology for such purposes, and the adverse effect it may have on the victims. For such purposes, through this bill of law the use of a pistol or electrical shock device in the commission of a crime is typified as a felony. It is our duty to watch over the security and to protect our citizens and to provide the necessary legislation to achieve such purpose.
BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO:
Section 1.- Section 5.04 of Act No. 404 of September 11, 2000, as amended, is hereby amended to read as follows: "Section 5.04.- Carrying and Use of Firearms Without a License Any person who transports any firearm or any part thereof without having a weapons license, or carries any firearm without the corresponding permit to carry weapons, shall be guilty of a felony and upon conviction shall
be punished with a penalty of imprisonment for a fixed term of ten (10) years. Should the person commit any other statutory offense while behaving as described in this subsection, the person shall not have the right to a suspended sentence, parole, or to enjoy the benefits of a diversion program or to benefits or alternatives to imprisonment acknowledged in this jurisdiction, having to serve in calendar years the total amount of the penalty imposed. Should there be aggravating circumstances, the fixed penalty established may be increased to a maximum of twenty (20) years; should there be extenuating circumstances, it may be reduced to a minimum of five (5) years.
When the firearm is pneumatic, a pistol or an electrical shock device, or is a toy or an imitation of a weapon and is carried or transported with the intention of committing a crime, or is used to commit a crime, the penalty shall be imprisonment for a fixed term of five (5) years. Should there be aggravating circumstances, the fixed penalty established may be increased to a maximum of ten (10) years; should there be mitigating circumstances, it may be reduced to a minimum of one (1) year.
Section 2.- This Act shall take effect immediately after its approval.
CERTIFICATION
I hereby certify to the Secretary of State that the following Act No. 149 (S.B. 1956) of the $6^{ ext {th }}$ Session of the $15^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Section 5.04 of Act No. 404 of September 11, 2000, as amended, known as the "Puerto Rico Weapons Law," in order to typify as a felony the use of a pistol or electrical shock device in the commission of a crime; to impose penalties, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $15^{ ext {th }}$ of January of 2008.
Francisco J. Domenech Director