reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3025 - Disposal of the body

After the autopsy or investigation, the body of the deceased shall be delivered to the next of kin, or the person charged with the burial, on written and signed application, following the order indicated below:
(1) To the surviving spouse, if they cohabited at the time of the death.
(2) To the eldest child, and in case of his absence or disability, to the child next in succession, if they are of legal age.
(3) To the father or mother.
(4) To the eldest of the brothers or sisters of whole blood, and in their absence, to the eldest of the half-brothers or sisters, provided they are of legal age.
(5) To the grandfather or grandmother.
(6) To the tutor of the deceased at the moment of death, or the relative or private person who cared for the deceased during his life.
(7) To any person or entity authorized or obligated by law to dispose of the corpse.
History —July 24, 1985, No. 13, p. 689, § 25, retroactive to July 1, 1985.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3025a - Disposal of the body to a specific person

Once the term of six (6) days as of the autopsy and investigation have elapsed and the body remains unclaimed in accordance with the provisions of § 3620 l of Title 24, any person or entity may claim it for burial or cremation, provided that the following requirements are met:
(a) The person that claims the body shall be of legal age.
(b) The person that claims the body shall submit a negative criminal record certificate to the Institute.
(c) The person or entity that claims the body must have been connected in some manner to the deceased, or the deceased must have been a member of the claiming entity.
(d) If the person who claims the body is a member of a civic or religious entity, said person must provide a formal request issued by said organization to claim the body and to prove that the deceased was a member of said entity.
(e) By means of a sworn statement, the person or entity must:
(1) Prove the motive for claiming the deceased.
(2) Prove the connection to the deceased.
(3) Describe the steps taken to locate the next of kin of the deceased or prove knowledge of their whereabouts.
(4) State the name of the institution that shall bury or cremate the deceased.
(5) The person that claims the body shall present information or documents that attest to the information that is affirmed in the sworn statement to the Institute.
Once the term to claim the body as provided by this chapter has elapsed, the Board cannot be held responsible for the release of the body to another person or entity that complies with the provisions of this section. The Board shall not be civilly liable when it releases a body pursuant to the provisions of this section, in the absence of a timely claim from a person with priority within the term provided by the law.
History —July 24, 1985, No. 13, p. 735, added as § 25-A on Nov. 30, 2006, No. 251, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3025b - False information—Misdemeanor

If the person who claims the body submits false information to the Institute or uses the body for any activity other than burial or cremation, said person shall incur a misdemeanor, and if found guilty, shall be sanctioned with a maximum penalty of imprisonment for three (3) months, or a five-hundred-dollar ($500) fine, or both penalties, at the discretion of the court.
History —July 24, 1985, No. 13, p. 735, added as § 25-B on Nov. 30, 2006, No. 251, § 2.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3026 - Preservation of tissue samples and other evidence

In all those cases that an autopsy is performed, the Institute shall preserve all necessary samples of blood, urine, body fluids, organs and parts of tissues, according to the best acceptable medical practices, and such other objects as, but without being limited to, bullets and any other foreign bodies found in the corpse, to be used as corroborating proof and/or evidence. Said organs, samples of tissues, blood, urine, body fluids and objects shall be preserved and kept in custody in such a way that the identity and integrity thereof are guaranteed.
The samples of tissues, blood, urine and body fluids shall be preserved for a period of not less than six (6) months. The organs and tissue samples shall be preserved for a period not less than one (1) year. The Institute of Forensic Sciences shall preserve a scientific sample before disposing of said samples.
Evidence from other criminal cases that require analysis or examination and where there has not been a death or grave bodily injury, shall be received and preserved for analysis or examination. The agency that submitted the evidence for analysis shall take custody thereof once it has been analyzed or examined by the Institute of Forensic Sciences, except in the cases involving controlled substances. The Institute shall dispose of the evidence related to a criminal case when one or more of the following circumstances occur:
(a) The crime has prescribed.
(b) The head of the agency that submitted the evidence remits written notification for the seizure thereof.
(c) The court has reached a final and binding determination on the case which cannot be appealed.
The Department of Justice shall notify the Institute of Forensic Sciences in writing of the resolution of the cases in which the Institute has intervened in the analysis of evidence of physical and legal nature, with the purpose of disposing of the evidence as established in this section.
The Director of the Institute shall establish the procedures to be followed to comply with the provisions of this section.
History —July 24, 1985, No. 13, p. 689, § 26; Jan. 10, 1998, No. 15, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3027 - Admission of institute reports as prima facie evidence

The Institute shall issue, by request of an interested party and after payment of the appropriate fees and expenses, certified copies of reports on the autopsies and scientific analyses and examination reports performed by the professional personnel of the Institute, provided they are not related to a crime or under criminal investigation. The exact concordance between such copies and the Institute’s records shall be consigned in the certificate.
Nevertheless, when the autopsy and scientific analysis reports of criminal cases are used in court proceedings, no copies of said reports shall be issued without the approval of the Secretary of Justice or the Prosecutor, unless it is a request from a competent court.
Certified copies of the reports shall be admissible in the Courts of Puerto Rico, subject to the provisions of the Rules of Evidence of Puerto Rico.
An electronic signature system shall be established to allow for the expert reports to be sent by e-mail to the Prosecutors of the Department of Justice of Puerto Rico and the Judges of the General Court of Justice, so as to guarantee the reliability and authenticity of the transferred information, according to the provisions of §§ 8701 et seq. of Title 3, known as the “Puerto Rico Electronic Signature Act”.
History —July 24, 1985, No. 13, p. 689, § 27; July 1, 1988, No. 52, p. 253; Dec. 29, 2009, No. 200, § 12.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3028 - Copy of medical record shall be attached to cases referred to institute

Every corpse referred to the Institute by any hospital, clinic or medical or hospital center shall be sent to the Institute with a photocopy of the deceased’s medical record and a summary thereof.
History —July 24, 1985, No. 13, p. 689, § 28, retroactive to July 1, 1985.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3028a - Video teleconferencing system

The Puerto Rico Institute of Forensic Sciences shall install and configure a video teleconferencing system in its facilities, in coordination with the Department of Justice and the Courts of Justice of Puerto Rico, which it may use to:
(a) Comply with the continuing education programs required for the accreditation, reaccreditation, association membership, and professional improvement of the entity’s personnel.
(b) Consult with experts locally, nationally, and internationally.
(c) Discuss cases with the prosecutors and criminal investigators of the Department of Justice and other law enforcement agencies.
(d) Carry out technical reviews of cases involving experts.
(e) Provide expert testimony during any stage of the court proceeding, insofar as it is authorized by the judge in pro se cases related to the Controlled Substances Act, but without impairing the right of the parties to object.
History —July 24, 1985, No. 13, p. 689, added as § 28-A on Dec. 29, 2009, No. 200, § 13.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3029 - Seat of Institute

The Institute shall have its offices and laboratories in San Juan and shall negotiate and establish as soon as possible, those regional laboratories and offices throughout the Commonwealth of Puerto Rico, needed to implement this chapter.
History —July 24, 1985, No. 13, p. 689, § 29, retroactive to July 1, 1985.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3030 - Territorial demarcations served diverse offices and laboratories

The Institute’s Board of Directors shall determine the location of the Regional Offices and Laboratories of the Institute of Forensic Sciences and the Territorial demarcation they shall serve.
History —July 24, 1985, No. 13, p. 689, § 30, retroactive to July 1, 1985.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3031 - Hours of operation

The Director shall establish the hours of operation of the different offices of the Puerto Rico Institute of Forensic Sciences so that the Institute’s services will be available at all times. To such effect, the return of corpses to family members shall be guaranteed to take no more than forty-eight (48) business hours as of the time of identification, unless investigative or scientific circumstances so impair.
The Institute shall comply with the terms established by the accrediting institutions described in § 3 of this act as follows:
(a) The autopsy reports shall be submitted within a term of forty (40) business days in homicide cases, and sixty (60) business days in all other cases.
(b) Negative toxicology tests shall be submitted within a term of thirty (30) days, and positive tests, within forty (40) days.
The Director shall be responsible for organizing shifts in addition to those established, with the corresponding compensation, for personnel who perform autopsies.
History —July 24, 1985, No. 13, p. 689; Dec. 29, 2009, No. 200, § 14.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3032 - Other institutions—Arrangements

Whenever it is necessary or convenient, the Institute may make the pertinent arrangements with the Department of Health of the Commonwealth of Puerto Rico, with the University of Puerto Rico Campuses, other Commonwealth or federal government institutions, and with private institutions be they educational or laboratories or which provide medico-hospital services, for the use of physical facilities in those areas of Puerto Rico where the Institute does not have its own facilities.
History —July 24, 1985, No. 13, p. 689, § 32, retroactive to July 1, 1985.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3033 - Other institutions—Services

The Institute may make arrangements and agreements so that through adequate compensation, it may render services related to forensic matters to other public or private hospitals, clinics, health centers and institutions which provide medico-hospital services, without impairing the functions of the Institute established by this chapter. Said compensation shall nurture the operational funds of the Institute, subject to the due accounting that pertains to all public moneys.
History —July 24, 1985, No. 13, p. 689, § 33, retroactive to July 1, 1985.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3034 - Physicians; duty to perform autopsies

The Director of the Institute or any prosecutor or trial judge, in coordination with him, may require any qualified physician in the Commonwealth of Puerto Rico, whenever the circumstances so warrant, to perform an autopsy. Any physician thus approached who refuses to perform said autopsy shall be guilty of a misdemeanor. Every physician who performs such autopsies shall immediately send a copy of the protocol of the autopsy performed to the Institute.
History —July 24, 1985, No. 13, p. 689, § 34, retroactive to July 1, 1985.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3035 - Professional personnel; participation as private experts forbidden

The professional personnel of the Institute of Forensic Sciences shall not participate as private experts in civil suits. Whenever the professional staff of the Institute is summoned by the court or by request of one of the parties to testify in a civil suit in which it intervened in the investigation, the court will fix the appropriate reasonable fees which shall be consigned in court beforehand, and then transferred to the operating funds of the Institute. Likewise, the court shall fix the corresponding transportation expenses and per diems to be paid to the official of the Institute summoned by the court.
History —July 24, 1985, No. 13, p. 689, § 35, retroactive to July 1, 1985.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3036 - Periodic medical examination of personnel

The Institute’s personnel shall be submitted periodically, not less than once a year, to a complete medical examination, including all the pertinent clinical analyses. Said examinations shall be performed by the University Hospital of the Medical Sciences Campus, free of charge, for the Institute’s personnel. The Director shall be responsible for making the necessary arrangements with the Medical Director of the University Hospital, annually, for the medical examinations to be performed.
History —July 24, 1985, No. 13, p. 689, § 36, retroactive to July 1, 1985.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 203 - DNA Data Bank (§§ 4001 — 4012) › § 4001 - Definitions

The following words and phrases shall have the meaning stated below, except when the context indicates otherwise:
(a) DNA Data Bank.— The Commonwealth depository of DNA records included in a registration system, administered by the Puerto Rico Institute of Forensic Sciences, to be used exclusively for criminal identification.
(b) CODIS.— Combined DNA Index system (Indice Combinado de ADN) administered by the Federal Bureau of Investigation, and created by the “DNA Identification Act of 1994”, 42 U.S.C. §§ 14131 et seq., as amended, which allows the storage and exchange of data entered in the DNA Banks, furnished by the state jurisdictions of the United States and Puerto Rico.
(c) Director.— The Executive Director of the Puerto Rico Institute of Forensic Sciences.
(d) DNA.— Deoxyribonucleic Acid located in the nucleate cells, which provides the genetic profile of a person and can be used for forensic identification.
(e) FBI.— The Federal Bureau of Investigation.
(f) Institute.— The Puerto Rico Institute of Forensic Science, created by virtue of §§ 3001 et seq. of this title.
(g) Board.— The Governing Board of the Puerto Rico Institute of Forensic Science.
(h) DNA forensic laboratory.— The laboratory which performs the extraction, analysis and matching of DNA from a sample.
(i) Sample.— The amount of blood, tissue or bodily fluids extracted from any person subject to the provisions of this chapter, or any biological evidence furnished to a DNA forensic laboratory or to the Institute for storage or analysis.
(j) Records.— The information of the final results of the analysis of the samples by a DNA forensic laboratory and stored in the DNA Data Bank and CODIS in order to generate research guidelines, support the statistical interpretation of DNA test results, or assist in criminal identification.
History —July 24, 1998, No. 175, § 3.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 203 - DNA Data Bank (§§ 4001 — 4012) › § 4002 - Establishment

The Puerto Rico DNA Data Bank is hereby established, which shall be attached to the Puerto Rico Forensic Science Institute, and administered by its Director according to the public policy established by the Board. The DNA Data Bank shall have the capacity to store, classify, analyze and compare DNA records pursuant to this chapter. It shall also present the records used for criminal investigation to the FBI, to be stored in CODIS.
History —July 24, 1998, No. 175, § 4.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 203 - DNA Data Bank (§§ 4001 — 4012) › § 4003 - Functions and purposes

The DNA Data Bank shall have the following functions and purposes:
(a) Assist the Commonwealth, municipal and federal public safety agencies in the investigation of crimes.
(b) Provide information in a criminal procedure to identify or exclude the accused. The DNA record shall be available to the accused pursuant to Commonwealth, municipal and Federal Rules of Evidence and the Rules of Criminal Procedure, as applicable.
(c) Be compatible with the procedures established by the FBI, including the use of comparative procedures, laboratory equipment, material and computer programs.
(d) Assist in judicial procedures by virtue of an order issued by a court of competent jurisdiction.
(e) Fulfill any other purpose that is required under federal legislation as a condition to obtain federal funds.
History —July 24, 1998, No. 175, § 5.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 203 - DNA Data Bank (§§ 4001 — 4012) › § 4004 - Board; duties and powers

The Board shall have the following duties and powers with regard to the administration of the Puerto Rico DNA Data Bank:
(a) Supervise and evaluate the administration and management of the Institute with regard to the Puerto Rico DNA Data Bank.
(b) Require reports and statistical data from the Institute as deemed necessary.
(c) Promulgate such regulations that are needed to comply with the purposes and provisions entrusted to it in this chapter, pursuant to §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedure Act”.
History —July 24, 1998, No. 175, § 6.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 203 - DNA Data Bank (§§ 4001 — 4012) › § 4005 - Forensic Science Institute; duties and powers

The Institute shall have the following duties and powers:
(a) Assist the Commonwealth, municipal and federal public safety agencies in the investigation of crimes and serve as liaison between them with regard to the participation of the Government of Puerto Rico, the FBI or any other federal or state agency.
(b) Provide expert analysis, comparison and interpretation of the results of the DNA sample analysis.
(c) Perform genetic marker studies of the Puerto Rican population, in order to execute quality control tests, scientific forensic research, or studies of population segments, provided, that all information that can identify the person is eliminated. These data shall never be entered into the DNA Data Bank.
Nevertheless, data obtained for the Bank may be a part of the genetic marker studies provided that all information that can identify a person is eliminated.
(d) Assist in the recovery or identification of human remains found after catastrophic disasters or for other humane purposes.
(e) Establish, through regulations, the amount to be charged for any service related to DNA testing.
(f) Request and contract DNA forensic laboratory services, whether private, state or federal, exclusively for the taking, extraction and/or analysis of samples that shall be entered to the DNA Data Bank. The Director shall contract these laboratories, in representation of the majority decision of the Board.
(g) Promulgate regulations with regard to the methods of obtaining information requested from the DNA Data Bank and the procedures for the verification of the petitioner’s identity.
(h) Promulgate any other regulation, method or practice that is needed to comply with the purposes and provisions of this chapter, pursuant to §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedure Act”.
History —July 24, 1998, No. 175, § 7.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 203 - DNA Data Bank (§§ 4001 — 4012) › § 4007 - Testing procedure

(a) In the event that a person is convicted of any of the crimes listed in § 4006 of this title, the samples shall be collected at the person’s place of imprisonment or detention after a guilty verdict has been rendered. It shall be the responsibility of the Department of Corrections and Rehabilitation to designate areas where the samples shall be collected, ensuring the safety of the procedure through regulations and pursuant to §§ 2001 et seq. of Title 3, known as the “Uniform Administrative Procedure Act”.
Only those persons duly authorized by the Institute shall collect samples. The Institute shall establish through regulations the specific procedures related to collecting and handling a sample, as well as the chain of custody thereof. The Department of Corrections and Rehabilitation, the Corrections Administration, the Institute, and law enforcement agencies shall establish the necessary coordination for the procedure related to sample collection and chain of custody.
(b) Any person subject to this chapter can voluntarily submit a DNA sample for analysis. However, if any person hereby required to do so refuses to submit a sample, the Prosecution can request the Secretary of Justice to file a motion with the court to order the person to submit the DNA sample for analysis.
(c) The collection of the DNA sample of any person against whom there is cause for arrest for committing or attempting to commit any of the crimes listed in § 4006(e) of this title shall take place simultaneously with the fingerprinting and booking process at the Police station or headquarters where the person is detained after his/her arrest. The Puerto Rico Police Department shall, through regulations and according to the laws in effect, designate the areas where samples shall be collected, ensuring the safety of the procedure.
The Forensic Institute of Sciences shall establish, through regulations, the specific procedures related to collecting and handling samples in the facilities of the Puerto Rico Police Department, as well as the chain of custody of the material. The Puerto Rico Police Department and the Institute of Forensic Sciences, or the government entity that may substitute it, shall establish the necessary coordination for the procedure related to the collection and chain of custody of the sample.
History —July 24, 1998, No. 175, § 9; Dec. 30, 2010, No. 253, § 2.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 203 - DNA Data Bank (§§ 4001 — 4012) › § 4008 - Storage of samples and related data

(a) The records resulting from the analysis established in this chapter shall be deposited in the DNA Data Bank.
(b) Any information generated from the procedures related to the analysis of the sample as well as the sample itself, shall be retained by the Institute.
History —July 24, 1998, No. 175, § 10.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 203 - DNA Data Bank (§§ 4001 — 4012) › § 4009 - Exchange of information with other agencies

The Institute shall receive the samples to make the DNA analysis and shall maintain the chain of custody of the evidence thus obtained. The Institute can also make the results of the analysis available to the state and federal agencies of the criminal justice system. Only the Executive Director or the person designated by him/her, shall divulge the information contained in the DNA Data Bank through an express request, in support of a criminal investigation, or to third persons who are needed to help in the statistical analysis of the genetic marker studies of the Puerto Rican population.
History —July 24, 1998, No. 175, § 11.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 203 - DNA Data Bank (§§ 4001 — 4012) › § 4010 - Confidentiality

Any information, form, record or sample related to the results of the DNA profile identification shall be confidential in nature, unless it is otherwise provided in this chapter.
History —July 24, 1998, No. 175, § 12.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 203 - DNA Data Bank (§§ 4001 — 4012) › § 4011 - Elimination of record and destruction of sample

(a) Any person whose DNA record or profile has been included in the DNA Data Bank may request that it be eliminated upon an allegation that the conviction that produced the inclusion of the DNA record in the DNA Data Bank has been revoked and the case has been dismissed. The person per se, or through an attorney, may request the court to eliminate the DNA record. A copy of the request for its destruction shall be served on the corresponding district attorney according to his/her jurisdiction, no less than twenty (20) days prior to the date for the hearing related to this request. A certified copy of the judicial brief by which the conviction is revoked or dismissed shall be attached to the order that decrees the destruction of the DNA record or profile, to the extent its inclusion rests on said conviction.
(b) Upon receipt of a court order decreeing its elimination, and unless otherwise provided, the Institute shall eliminate the record or other information identified therein from the DNA Data Bank, and shall return the sample to the person for disposal.
History —July 24, 1998, No. 175, § 13.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 203 - DNA Data Bank (§§ 4001 — 4012) › § 4012 - Penalties

Any person who knowingly and voluntarily discloses or makes improper use of the DNA analysis information of the results obtained in the process of taking a sample, or the sample itself, or of any information contained in the DNA Data Bank; or who violates the provisions or regulations promulgated to such effect, shall incur a misdemeanor. Furthermore, the court shall always impose to the person convicted the penalty of restitution for the damages caused, and shall order the cancellation of any license or permit that has been issued by the State.
History —July 24, 1998, No. 175, § 14; Sept. 29, 2004, No. 527, § 2, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 1 - TITLE, EFFECTIVENESS AND CONSTRUCTION › Rule 1.1 - Title

These rules shall be known as “Rules of Procedure for Minors’ Affairs”.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 1 - TITLE, EFFECTIVENESS AND CONSTRUCTION › Rule § 1.2 - Application and interpretation

These rules shall govern all procedures initiated after the effectiveness of Act No. 88 of July 9, 1986, denominated “The Puerto Rico Minors’ Act”, including those that are pending on the effective date of these rules, providing their application does not injure substantive rights. They shall be interpreted according to the purposes that inspired the Minors’ Act, §§ 2201 et seq. of this title, and in a manner that will ensure the fair, speedy and economic solution of all matters.
History —June 19, 1987, No. 33, p. 105.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.1 - Apprehension; definition; how and by whom it shall be done

Apprehension is the restraint of freedom of a minor, with a prior judicial order to such effects or without a judicial order, in the exceptional situations established by these rules for investigation purposes, when the minor is connected to the commission of a fault or as consequence of the handling of a complaint. Subject to these rules, the apprehension may be carried out by officials or agents of law and order, or an official designated by the Puerto Rico Police to intervene in minors affairs, officials of the judiciary, or a private person. The minor shall not be subject to any restriction other than what is indispensable for his apprehension.
History —June 19, 1987, No. 33, p. 105.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.2 - Order; who may issue

(a) The complaint filed in the interest of a minor shall serve as grounds to issue an order for apprehension thereof. It must be signed and sworn by someone with personal knowledge of the facts. Prosecutors for Minors’ Affairs, prosecuting attorneys and members of the State Police may sign and swear complaints also when they become aware of the facts constituting the offense through information and belief, but in these cases the complaint shall serve as grounds to issue an order for apprehension only after the issuing magistrate has examined any witness with personal knowledge of the facts.
(b) If it may be determined from the complaint and the examination of witnesses with personal knowledge of the facts that probable cause exists to associate the minor with the facts constituting an offense the judge shall issue an order for apprehension thereof, or shall summon the minor, subject to the provisions of Rule 2.8 of this appendix.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.3 - Order; requirements

The order for apprehension shall provide that the apprehended minor be taken before a judge without unnecessary delay. The order shall include the offense alleged in the complaint, the date and place of its alleged perpetration and shall state, in addition to the date and place of issuance, the name of the minor or a description thereof if the name is not known.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.4 - Without prior court order

(a) By a peace officer.— A peace officer may apprehend without prior court order when:
(1) There are reasonable grounds to believe that the minor has perpetrated an offense in his presence. In this case, the apprehension shall be performed immediately after the perpetration of the offense or within a reasonable time thereafter.
(2) The apprehended minor has perpetrated Class II or III offense, not in his presence.
(3) There are reasonable grounds to believe that the minor has perpetrated a Class II or III offense, independent from the fact that said offense might have been perpetrated or not.
In cases of clause (1) where peace officer participates, if said peace officer cannot perform the apprehension immediately or within a reasonable time after the offense was perpetrated, he should refer the case to a peace officer especialized in minors affairs, or to the office of the Prosecuting Attorney for Minors’ Affairs directly, for the proper investigation.
(b) By private person.— A private person may apprehend a minor:
(1) For an offense perpetrated or attempted in his presence. In this case apprehension must be performed immediately.
(2) When a Class II or III offense had been perpetrated and the private person had reasonable grounds to believe that the apprehended minor perpetrated it; said private person should take the minor to a peace officer who will proceed as if he would have performed the apprehension and in turn, without unnecessary delay, the peace officer will take the minor before a judge, as provided by these rules.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.5 - Information upon performing apprehension

The person performing the apprehension shall inform the minor about his intention, reason and authority therefor, except when said person has reasonable grounds to believe that the minor is perpetrating or attempting to perpetrate an offense, or when the minor is being chased immediately after the perpetration, or after the escape, or when the minor offers resistance before the person has been able to inform said minor, or when offering the required information may jeopardize the apprehension.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.6 - Information about parents or guardians

Any apprehended minor should notify the performing peace officer regarding his name, age, residential and postal address, and the names and residential address of his parents or guardians.
The peace officer apprehending a minor will have the duty of contacting immediately any of the parents, relatives or guardians of said minor which are known, in order for them to be present during the hearing before the judge.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.7 - Warnings to minors and parents

The peace officer performing the apprehension of a minor shall warn him and his parents or guardians, if available, about the right of the minor to remain silent regarding the facts motivating his apprehension, the right against self-incrimination, and the right to communicate with a lawyer. Besides, he shall explain to the minor or his guardians the duty of keeping the court informed regarding any change of residential or postal address.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.8 - Summons; form and requirements

(a) By a judge.— The judge receiving the complaint may issue a summons, in lieu of an order for apprehension, if there exist reasonable grounds to believe that the minor will appear at the hearing for determination of probable cause to file the complaint.
(b) By a peace officer.— When a peace officer has reasonable grounds to believe that a Class I offense has been perpetrated, in lieu of apprehending the minor, he may issue a summons in writing and signed compelling the minor to appear before a judge for the hearing to determine probable cause to file the complaint.
(c) The summons shall be issued in writing, signed by the peace officer or by the judge, whichever the case may be. The minor and his parents or guardians must sign the summons. It shall require that the minor shall appear in court accompanied by his parents or guardians and shall state the day, time and place therefore, and shall inform the minor that, in case of noncompliance, a provisional order for arrest shall be issued and that, in case he cannot be found, probable cause shall be established in his absence and that the court may waive jurisdiction also in his absence. Besides, it will explain to the minor, his parents or guardians, regarding the duty of keeping the court informed about changes in residential or postal address. Any material defect in an apprehension order shall not affect its validity.
History —Sept. 12, 1990, No. 86, p. 505, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.10 - Hearing to determine probable cause to file a complaint

(a) The purpose of this hearing in its first stage is that of verifying if there is any trace of the evidence needed regarding the essential elements of the faults and its relation with the minor thus charged.
(b) The judge before whom the hearing to determine probable cause is held shall inform the minor the contents of the complaint, shall advise him of his right not to incriminate himself, to remain silent with respect to the facts charged, to contact a lawyer, and will orient him as to the constitutional rights that protect him. In said hearing, the minor shall have the right to be represented by counsel, to cross examine witnesses and to introduce evidence in his behalf.
(c) Procedure during the hearing.— The Prosecutor shall introduce the proof to determine probable cause and may cross examine the witnesses brought by the minor. To determine probable cause, the judge shall circumscribe himself to the examination of the contents of the complaint submitted to him and shall consider only the evidence submitted with relation to it.
Upon request therefor, the Prosecutor shall make available to the minor all the sworn statements in his custody of the witnesses who have testified in the hearing, for his inspection.
History —June 19, 1987, No. 33, p. 105, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.11 - Determination of the existence of probable cause or not

(a) If in the opinion of the judge presiding the hearing, the evidence shows that there is probable cause to believe that a fault has been committed and that the minor committed it, the judge shall consign his findings in writing, and shall direct that the procedures continue.
(b) The Prosecutor shall proceed to file the complaint with the clerk of the corresponding part, shall give the minor a copy thereof and shall refer the minor and his parents or guardians to the family relations specialist for the initial interview of the social report.
(c) If the judge finds that there is no probable cause, he shall exonerate the minor and if he is in provisional detention, he shall order his release.
History —June 19, 1987, No. 33, p. 105, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.12 - Effects of the determination of no probable cause

If in this hearing to determine probable cause, the judge finds that there is no probable cause to file a complaint or if there is cause for a lesser fault than the one the minor is charged with, the advocate may submit, and a judge of the Court of First Instance, other than that who intervened in the hearing to determine probable cause, may consider the matter again with the same or other evidence, within the maximum term of sixty (60) days from the date of the Resolution.
History —June 19, 1987, No. 33, p. 105, § 1; July 27, 1996, No. 89, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.13 - Summons; provisional detention of the minor

Once the determination of probable cause has been established, the judge shall proceed to determine if the minor can remain in the custody of his parents or guardians, or if he should order his detention until the day of the adjudicative hearing. Whenever possible, the judge shall let the minor remain in the custody of his parents or a responsible person, with their written and signed promise that they will appear in court with the minor on the determined date for the corresponding procedures. The judge shall admonish them that their failure to appear at the adjudicative hearing conveys the immediate detention of the minor and the arrest for contempt of his parents or guardians or, in the pertinent cases, the court may, in their absence, waive its jurisdiction or that he may hold the adjudicative hearing in their absence.
A detention order for a minor shall not be entered prior to the adjudicative hearing unless:
(1) It is required for the safety of the minor, or the latter constitutes a risk for the community.
(2) The minor refuses to, or is mentally or physically unable to state his name, his parents’ or guardians’ names and the address of his residence.
(3) There are no responsible people willing to assume the minor’s custody and to guaranty his appearance during subsequent proceedings.
(4) The minor [has] absconded or has a history of noncompliance with appearance orders.
(5) The minor has been found before in violations which, perpetrated by an adult, constituted felonies and probable cause has been established for the new violation, for which he may be deemed a serious threat for public order.
(6) The minor, duly summoned, does not appear at the hearing to determine probable cause, and said probable cause is determined in his absence.
History —June 19, 1987, No. 33, p. 105, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule § 2.14 - Determination of probable cause in absentia

When evidence is introduced before the judge concerning reasonable steps taken to make the minor and his parents or guardians appear at the hearing for determination of probable cause, and that it was not possible, the judge, after receiving said evidence, will be able to determine probable cause in absentia and shall issue a detention order. In this case, the judge shall include in the record the grounds for said determination of probable cause in absentia.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.15 - Detention order; form and requirements

Once probable cause is determined, if the judge deems necessary that the minor remains detained, he will issue a detention order.
The detention order shall be issued in writing, in the interest of the minor, with the signature and official title of the issuing judge, addressed to the person in charge of the detention center. It should indicate the offense alleged in the complaint, the docket number thereof, the name of minor and the reason or motive for the detention. It shall also state the date and place of its issuance.
The judge, when issuing a detention order, may examine, among other things, the legal and social record of the minor, if any, and hear the Specialist or Family Relations Technician who may have evaluated or supervised the minor.
The judge ordering the detention of the minor shall be authorized to rescind said order and to order the release of the minor before the complaint is filed.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.16 - Detention order; review

The detention order will be subject to review, upon request of the minor, by the Court of First Instance with jurisdiction pursuant to §§ 2201 et seq. of this title, with prior notice to the Prosecutor.
The hearing to review the detention order will enjoy preference over all other matters and will be scheduled on the closest possible date within the five (5) days following the filing of the petition for review, unless just cause existed to the contrary.
At the hearing all circumstances pertinent to the release of the minor shall be considered, and the court shall hear, to that effect, the Prosecutor and examine the report prepared by the social worker. If release does lie in the judgment of the court, an order will be entered to such effect and the minor and his parents or guardians shall be summoned for the corresponding adjudicative hearing of the case.