Ley 191 del 2007

(No. 191)

(Approved December 13, 2007)

AN ACT

To amend subsection

(e) of Section 11 of Act No. 53 of June 10, 1996, as amended, known as the "Puerto Rico Police Act of 1996," in order to increase the penalty of the fine for violation of said Article.

STATEMENT OF MOTIVES

Section 11 of Act No. 53 of June 10, 1996, as amended, known as the "Puerto Rico Police Act of 1996," establishes the regulations regarding the uniform and equipment to be used by the members of the Force at work.

Subsections

(c) and

(d) of Section 11 of Act No. 53, supra, prohibit the use by any person other than a member of the Puerto Rico Police, of the uniform or any combination of the exterior garments used as part thereof that could identify those who wear them as a member of the Puerto Rico Police. The above stated also includes the design, color and insignias of the motor vehicles, the same as or similar to those prescribed for Police use.

At present, criminals are very cunning when committing their delinquent acts. It is known that during interventions, the police officers have seized uniforms, badges and other equipment identified with the emblem of the Puerto Rico Police. The preceding not only facilitates the commission of a crime, but it also taints the good reputation of the Corps by creating doubts in the citizenry as to whether a police officer was in fact involved in the commission of a crime.

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Furthermore, we should also send a message to those private companies that provide security services so that at the time of selecting their uniforms and the equipment to be used by their employees, they are careful so as to prevent that our citizens might confuse said companies or their security guards with the Puerto Rico Police.

There is no legal impediment for our Legislature to establish a lesser penalty for that conduct typified as a misdemeanor through a special law. However, we deem it necessary to make equal the penalty to be imposed due to the conduct incurred by the person who violates this provision.

In the present day society, the sum of five hundred (500) dollars could seem ridiculous to dissuade a person who thinks that the outcome of the crime has a greater value than affecting the image of the Corps that oversees public order and the security of all Puerto Ricans. It is for this reason that the Legislature grants greater discretion to a Judge so that he/she may increase the penalty of the fine for violation of this Section up to a maximum sum of five thousand (5,000) dollars.

BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO:

Section 1.- Subsection

(e) of Section 11 of Act No. 53 of June 10, 1996, as amended, known as the "Puerto Rico Police Act of 1996," is hereby amended to read as follows: "Section 11.- Uniform and Equipment.

(a) ...

(b) ...

(c) ...

(d) ...

(e) Any person who incurs a violation to the provisions of the two preceding paragraphs, shall be guilty of misdemeanor and upon

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conviction shall be punished with a maximum fine of five thousand (5,000) dollars or imprisonment for a term not greater than six (6) months, or both penalties at the discretion of the Court.

(f) ...

(g) ...

(h) ..." Section 2.- This Act shall take effect immediately after its approval.

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CERTIFICATION

I hereby certify to the Secretary of State that the following Act No. 191 (H.B. 1944) of the $6^{ ext {th }}$ Session of the $15^{ ext {th }}$ Legislature of Puerto Rico:

AN ACT to amend subsection

(e) of Section 11 of Act No. 53 of June 10, 1996, as amended, known as the "Puerto Rico Police Act of 1996," in order to increase the penalty of the fine for violation of said Article, has been translated from Spanish to English and that the English version is correct.

In San Juan, Puerto Rico, today $17^{ ext {th }}$ of March of 2008.

Francisco J. Domenech Director