2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 97 - Municipal Police Corps (§§ 1061-1061p — 1079) › § 1063 - General powers and duties

Any municipality may establish a public vigilance and protection corps, to be known as the “Municipal Police”, that shall be charged with preventing, discovering, and investigating domestic violence crimes, pursuant to the provisions of §§ 601 et seq. of Title 8, known as the “Domestic Violence Intervention Act”, investigating and prosecuting all modalities of stalking, breaking and entering, battery, and unlawful taking crimes, as well as misdemeanors pursuant to the Penal Code of Puerto Rico; and the crime of possessing controlled substances under § 2404 of Title 24, known as the “Puerto Rico Controlled Substances Act”, and persecuting crimes committed within the jurisdictional limits of the corresponding municipality or even outside of them whenever it is necessary to conclude an intervention initiated in the municipality of its jurisdiction, and pursuant to the jurisdiction granted to them under this chapter; and enforcing the ordinances and regulations promulgated by the corresponding municipality. The Superintendent of the Puerto Rico Police is hereby empowered to issue the corresponding certification to members of the Municipal Police Corps who meet or have met the training requirements established for the Puerto Rico Police, be it through the validation of all training sessions or courses that match these requirements. It being understood that such certification to be issued by the Superintendent shall not imply that the Government of Puerto Rico shall will [sic] be responsible [for] acts or omissions committed by a Corps member. The Superintendent shall not accept any certification application from municipalities whose Municipal Guards and any other components related to public health, security, and protection are not an integrated part of the provisions of §§ 1911 et seq. of Title 25.
Once the Municipal Guards are certified by the Superintendent, they shall be known as Municipal Police Officers and shall act with the same powers and authority that the Commonwealth Police has in all those powers and responsibilities stated in this chapter. Furthermore, Municipal Police Officers shall be empowered to conduct investigations pursuant to the jurisdictions granted to them under this chapter. The municipalities which had Municipal Guard Corps in operation as of the date of approval of this act shall have two (2) years to submit them to the training established in this measure, in the event it is necessary to extend this term, it shall be done by the mayor with the advice of the Superintendent of the Puerto Rico Police. Those Municipal Guards who are not certified as Municipal Police Officers shall have the powers, responsibilities, functions, duties, and rights they had before the creation of the Municipal Police Corps. The regulatory provisions in effect prior to the amendments of this chapter shall apply to the members of the Municipal Guard until they are certified by the Superintendent. It shall be understood that said provisions shall be a part of the regulation promulgated by virtue of this chapter. The discharge of the new powers and functions of the Municipal Police Corps, once they are certified, shall be established in this chapter and included in the Municipal Police Regulation. Once said regulation is approved, the Municipal Police Officers may exercise the authority conferred to them under this chapter.
The specialized investigation divisions shall be of the exclusive competence of the Puerto Rico Police Units, the Department of Justice or other agencies and the federal government. However, the Superintendent of the Puerto Rico Police shall be empowered to authorize the creation of specialized divisions at the Municipal Police Corps, by previous request of the municipality, which shall attest to the need for the creation of such division and that it has the personnel and the resources necessary for operating the same. The powers and authorities conferred to Municipal Police Officers do not limit the powers and obligations of the Puerto Rico Police; thus, in the event of conflict of jurisdiction or competence the Puerto Rico Police shall always prevail. Provided, That under no circumstances shall the Municipal Police create units of undercover agents to perform the duties and obligations imposed by this chapter.
Municipalities that wish to have a specialized unit, after being so authorized by the Municipal Legislature, shall submit a written petition to the Superintendent. The Superintendent shall have thirty (30) days from the date of receipt of the petition to accept or deny the same. If he/she denies the petition, he/she shall state the grounds for such denial and municipalities shall adopt the recommendations and resubmit their petition for the Superintendent’s approval.
The bodies known as the Municipal Police shall be established at the request of the mayor through a resolution approved to such effect by the Municipal Legislature. Every Municipal Police Corps established after the meeting of the certification requirement and the granting of powers and responsibilities as Municipal Guards shall require the ratification of the Superintendent of the Puerto Rico Police. The provisions established in this section shall not affect the vested rights under the regulations adopted through legislation. Concerning the administration of human resources, the Municipal Police Corps shall be governed by the provisions of this chapter and the regulations adopted thereunder.
Any municipality may establish preventive programs similar to those of the Puerto Rico Police, such as the Police Athletic League, School Quality of Life, Back to Life, Young Patrol Corps, Community, and others. In order to guarantee that municipalities shall have the best resources available, it is hereby provided that:
(a) No person shall engage in any act that prevents the fair appointment of personnel to the Municipal Police, or the application of the provisions of this chapter, or the rules adopted with respect to appointments. Furthermore, no person shall make or accept any false statement, certification, or report in connection with any test, certification, or appointment made under the provisions of this chapter or the regulations adopted thereunder. No person shall misrepresent him/herself as another or allow or help any person in any way to misrepresent him/herself as the latter to take any exam or oral or written test required to be admitted to or promoted in the Puerto Rico Municipal Police.
(b) Any person who violates subsection (a) of this section shall be guilty of a misdemeanor and, upon conviction shall be punished by a fine of not less than five hundred dollars ($500) nor greater than one thousand dollars ($1,000), or by imprisonment for a term that shall not exceed ninety (90) days, or both punishments, at the discretion of the court. Furthermore, such person shall be deemed ineligible for appointment and rendering of services of any other kind at the departments, agencies, instrumentalities, public corporations, and political subdivisions of the Government of Puerto Rico for a term of five (5) years from the date on which the judgment becomes final and binding. If the person is an employee or official, or if he/she renders services of any kind at any of the aforementioned agencies, he/she shall be laid off as soon as the judgment becomes final and binding.
(c) Any person having no connection with the Municipal Police, who lacks the supervisory or appointing authority or power within the Municipal Police and who unduly intervenes by using political-partisan advantage or undue influence with the intent to obtain admission, readmission, promotion, transfer, dismissal, demotion, or any other action to benefit or damage any Police member, under motives not concerning the best interests of the Municipal Police, shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not less than five hundred dollars ($500) nor greater than one thousand dollars ($1,000), or by imprisonment for a term that shall not exceed ninety (90) days, or both punishments, at the discretion of the court. Making recommendations or suggestions related to matters of a humanitarian or social nature or with justice or administration issues shall not be construed as undue intervention.
History —May 12, 1977, No. 19, p. 33, § 3; May 15, 1985, No. 8, p. 30, § 2; June 18, 1991, No. 12, § 1; May 22, 1996, No. 45, § 3; Aug. 11, 2005, No. 46, § 1; July 29, 2010, No. 107, § 1.