Ley 53 del 2008
Resumen
Esta ley enmienda la Ley Núm. 211 de 2 de agosto de 1999, que creó la Agencia Estatal para el Manejo de Emergencias y Administración de Desastres. La enmienda aumenta la multa máxima por obstruir la labor de la agencia de quinientos (500) a cinco mil (5,000) dólares e incluye el servicio comunitario como pena alternativa.
Contenido
(No. 53)
(Approved May 8, 2008)
AN ACT
To amend Section 20 of Act No. 211 of August 2, 1999, as amended, in order to include the rendering of community services as an alternate penalty; to increase to five thousand (5,000) dollars the penalty to be imposed for incurring the conduct described in said Section.
STATEMENT OF MOTIVES
Act No. 211 of August 2, 1999, as amended, created the Commonwealth of Puerto Rico Emergency Management and Disaster Administration Agency. This Act penalizes any person who in one way or another obstructs the work performed by said Agency.
At this time, the penalty provided in said Act is imprisonment for not more than six (6) months or a fine which shall not exceed five hundred (500) dollars or both penalties at the discretion of the court.
In the society we live in, the sum of five hundred (500) dollars could seem to be ridiculous to dissuade a person who thinks that the result of his/her crime has a greater value that obstructing the work of the Agency entrusted with the protection of the lives of Puerto Ricans in times of disasters. It is for this reason that this Legislature grants greater discretion to the judge so that he/she may increase the fine penalty for violation of this Section up to a maximum sum of five thousand (5,000) dollars.
On the other hand, the Act at present does not provide the option of rendering community service as an alternative for having incurred in the conduct described in Section 20 of Act No. 211, supra.
Therefore, this Legislature deems that the penalty of rendering community service should be included. The same could result in being more effective in the event that the person fails to comply with the provisions of Act No. 211, supra, if it is a person who does not have the financial resources to pay the penalty imposed by a court and can, in spite of this, serve the penalty imposed, if the court finds that the penalty of imprisonment is onerous as a sanction.
BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO:
Section 1.- Section 20 of Act No. 211 of August 2, 1999, as amended, is hereby amended to read as follows: "Section 20.—Violations and Penalties.- Any person who commits any of the following acts shall be sanctioned with a penalty of imprisonment not to exceed six (6) months or a fine not to exceed five thousand (5,000) dollars, or both penalties at the discretion of the Court:
a) ... d) ...
The court may impose community service as an alternate penalty." Section 2.- Effectiveness This Act shall take effect immediately after its approval. However, a term of one hundred eighty (180) days shall be granted to the Commonwealth of Puerto Rico Emergency Management and Disaster Administration Agency as of the approval of this Act to amend any regulations that is necessary for the implementation of this Act.
CERTIFICATION
I hereby certify to the Secretary of State that the following Act No. 53 (H.B. 2308) of the $7^{ ext {th }}$ Session of the $15^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Section 20 of Act No. 211 of August 2, 1999, as amended, in order to include the rendering of community services as an alternate penalty; to increase to five thousand (5,000) dollars the penalty to be imposed for incurring the conduct described in said Section, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $30^{ ext {th }}$ of June of 2008.
Francisco J. Domenech Director