reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 99 - Compelling Attendance of Witnesses (§§ 1461 — 1479) › § 1478 - Compelling production of evidence; immunity from prosecution—Immunity from prosecution

When a person has obeyed such an order so given, he shall not be prosecuted, nor shall he be subject to any penalty or confiscation whatsoever with regard to any transaction, matter or thing concerning which he has testified or produced evidence, if from such testimony or evidence it actually appears that said person had the right to avail himself of the privilege of not testifying or producing evidence in order not to incriminate himself. Said person may, however, be indicted and shall be subject to penalty for any perjury, false answer, or contempt in which he may incur while answering or not answering, producing or not producing evidence, according to the order given by the magistrate.
History —Mar. 18, 1954, No. 3, p. 108, § 3.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 99 - Compelling Attendance of Witnesses (§§ 1461 — 1479) › § 1479 - Compelling production of evidence; immunity from prosecution—Procedure on violations; penalties

Every violation of §§ 1476 and 1477 of this title shall be heard in a summary proceeding in which the defendant shall be allowed two (2) days to answer the complaint and make the allegations he may deem pertinent. The hearing shall be held within the five (5) days following the defendant’s answer.
Any person violating the provisions of §§ 1476 and 1477 of this title shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as follows: (a) if it is the investigation of a misdemeanor, by a maximum fine of five hundred (500) dollars or imprisonment in jail for a term not exceeding six (6) months, or both penalties, in discretion of the court; (b) if it is the investigation of a felony, by a fine of not less than one thousand (1,000) nor more than five thousand (5,000) dollars or imprisonment in jail for a term of not less than one (1) year nor more than ten (10) years, or both penalties, in the discretion of the court.
History —Mar. 18, 1954, No. 3, p. 108, § 4.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117A - Uniform Seizure Act (1988) › § 1723—1723i - Repealed. Act July 12, 2011, No. 119, § 29, effective July 12, 2011

History —July 13, 1988, No. 93, p. 378, § 2; Aug. 16, 1989, No. 55, p. 255, § 1; June 10, 1993, No. 14, § 1; Aug. 28, 1996, No. 167, § 1; Jan. 14, 2000, No. 32, § 1; Jan. 1, 2003, No. 18, § 1; Repealed. Act.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117A - Uniform Seizure Act (1988) › § 1723k-1 - Repealed. Act July 12, 2011, No. 119, § 29, effective July 12, 2011

History —July 12, 1988, No. 93, p. 377, added as § 13 on Aug. 16, 1989, No. 55, p. 225, § 5; Repealed. Act.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117A - Uniform Seizure Act (1988) › § 1723l—1723p - Repealed. Act July 12, 2011, No. 119, § 29, effective July 12, 2011

History —July 13, 1988, No. 93, p. 377, § 14; Aug. 16, 1989, No. 55, p. 225, § 6; Mar. 25, 1999, No. 99, § 3; Repealed. Act.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724 - Forfeiture Board

The Forfeiture Board is hereby created attached to the Department of Justice. The duty of the Board shall be to maintain custody, preserve, control, and dispose of property seized by the Commonwealth of Puerto Rico through forfeiture proceedings.
The Board shall be composed of the Secretary of Justice who shall be its Chair, the Superintendent of the Puerto Rico Police, the Secretary of the Treasury, or their authorized representatives. It shall be the responsibility of the Chair of the Board, as the appointing authority, to appoint any other officials and employees as are necessary to achieve the purposes of this chapter, subject to §§ 291-295 of Title 3, known as the “Department of Justice Organic Act”, and §§ 1461 et seq. of Title 3, known as the “Public Service Human Resources Administration Act of the Commonwealth of Puerto Rico”, or any successor law thereof. In order to make appointments and facilitate compliance with this chapter the Chair of the Board shall avail him/herself of the personnel and administration systems of the Department of Justice insofar as it does not affect the operations of said Department.
The Board shall hold at least one (1) regular meeting every six (6) months for the purpose of overseeing the enforcement of the provisions of this chapter, and delegating to the Administrative Director of the Board any duties deemed pertinent. The Board shall hold special meetings when deemed necessary, at the call of the Chair.
The Chair may also summon to board meetings any Secretary, Head, or Director of government departments, agencies, offices, or instrumentalities of the Commonwealth of Puerto Rico that he/she believes may assist in forfeiture proceedings or in the seizure or disposal of property.
Any expenses incurred by the Department of Justice in discharging the aforesaid duties shall be defrayed from the Special Fund created under this chapter. Board employees shall have the same rights and duties, and shall enjoy the same benefits as the employees of the Department of Justice.
History —July 12, 2011, No. 119, § 3.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724a - Forfeiture Board—Administrative Director

The Chair of the Board shall appoint, with the approval thereof, the Administrative Director of the Board. This official shall discharge specific functions, as determined and delegated by the Board and its Chair, and shall oversee the implementation of the established administrative and operational policies. The Administrative Director shall serve in this office at the will of the Chair of the Board.
History —July 12, 2011, No. 119, § 4.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724c - Special Forfeiture Fund

The Special Forfeiture Fund 240 is hereby established in the Books of the Department of the Treasury, as created by virtue of Act No. 93 of July 13, 1988, as amended, without a fiscal year limitation, to be administered by the Forfeiture Board, and all proceeds from the sale or transfer of forfeited property, as well as federal funds received pursuant to this chapter, shall be covered into said Fund.
The Board shall use the resources of this Special Fund for the purposes and objectives authorized herein. Subject to the applicable conditions and restrictions, the Board may also use the resources of the Special Fund for the following purposes:
(a) The payment of necessary and incidental expenses to protect, maintain, and sell forfeited property transferred thereto.
(b) The payment of awards of compensation to any person who furnished information to law enforcement authorities that leads to solving and further any civil or criminal action up to the limits set forth by law.
(c) The payment of supplementary expenses as necessary or incidental to carry out law enforcement duties.
(d) The payment of expenses related to the protection, assistance, and compensation of victims and witnesses up to the limits set forth by law or regulations.
Resources covered into this Special Fund shall be accounted for in the books of the Secretary of Treasury, separate from any funds from other sources received by the Department of Justice, in order to facilitate the identification and use thereof.
At the end of each fiscal year, three percent (3%) of the Board’s net income shall be transferred to the Secretary of the Treasury, and fifty percent (50%) shall be transferred to the Puerto Rico Police, after deducting the value of the property claimed by and transferred to the agency by virtue of the provisions of this chapter, as well as any necessary and incidental expenses related to the protection, maintenance, disposition, and sale of the forfeited property, or to the destruction of any damaged or deteriorated property.
The balance in the Special Fund that, as of June 30th of each year, is not used for the purposes established in this section shall be transferred in equal portions to the Puerto Rico Police.
History —July 12, 2011, No. 119, § 6; Sept. 15, 2012, No. 252, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724d - Forfeiture Board—Annual report

The Board shall submit an annual report to the Governor and the Legislative Assembly not later than September 1st. Said report shall include an itemization of the covered funds and the use thereof during the immediately preceding calendar year. Likewise, it shall include an inventory of forfeited property under the custody of the Forfeiture Board.
History —July 12, 2011, No. 119, § 7.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724e - Proceeding—Forfeiture

Forfeitures shall be civil proceedings initiated against property and independent from any other criminal, civil, or administrative proceeding that may be initiated against the owner or holder of the property seized under the provisions of any law that authorizes the seizure of property by the State.
History —July 12, 2011, No. 119, § 8.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724f - Property subject to forfeiture

It shall be forfeited to the Government of Puerto Rico, any property constituting or derived from any proceeds of, or used to commit, a felony and misdemeanor for which the law authorizes forfeiture, when said felonies and misdemeanors are classified by the Penal Code of the Commonwealth of Puerto Rico, controlled substances laws, weapons and explosives laws, laws against organized crime, prohibited games laws, alcoholic beverages laws, fiscal laws, laws against vehicle theft, laws regarding vehicles, traffic, and vessels; as well as in any other forfeiture laws and statutes authorizing forfeiture.
Any property subject to a judgment of forfeiture shall be forfeited to the Government of Puerto Rico.
—July 12, 2011, No. 119, § 9; Sept. 15, 2012, No. 252, § 2.
History
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724g - Property subject to forfeiture—Seizure

The seizure of property subject to forfeiture shall be carried out by the law enforcement agency or the official responsible for enforcing the chapter, either by himself or through his representatives, or police or law enforcement officers with a warrant issued by a competent judge or court, or without a previous court order in the following cases:
When the seizure is carried out during an arrest;
when the seizure is carried out by virtue of a judgment of the court, or
when the property to be seized constitutes or derives from any proceeds of, or has been used for the commission of any of the crimes, or in violation of any of the laws or statutes provided in § 1724f of this title.
History —July 12, 2011, No. 119, § 10; Sept. 15, 2012, No. 252, § 3.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724h - Property subject to forfeiture—Inventory

When seizing property in accordance with any forfeiture law, the official under whose authority the property was seized shall prepare an inventory, in the presence of the person whose property is being seized, if he/she is available, and provide said person with a copy thereof.
History —July 12, 2011, No. 119, § 11.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724i - Forfeited property—Report to the Administrative Director of the Forfeiture Board

The official under whose authority the seizure was carried out or the person on to whom he/she delegates shall submit to the Administrative Director the forfeited property and any documents stating the facts and circumstances that led to the seizure, a copy of the forfeited property inventory, as well as the names of any witnesses and the legal provisions under which it was carried out. The Administrative Director shall also receive an appraisal of the forfeited property which shall be included as part of the record of the property.
History —July 12, 2011, No. 119, § 12.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724j - Forfeited property—Notice of forfeiture

The Administrative Director of the Board shall notify the forfeiture and the appraisal of the forfeited property to the following persons:
(a) The person in possession of the property at the time it was seized.
(b) Those persons that the Administrative Director considers to be the owners due to the circumstances, information, and belief.
(c) In the case of motor vehicles, the record owner according to the Registry of Motor Vehicles of the Department of Transportation and Public Works shall also be notified, as well as the secured creditor as of the date of the seizure.
(d) In the case of real property, the record owner according to the Property Registry of the municipality where the property is located shall be notified, as well as the mortgage institution that, as of the date of the seizure, is recorded in said Registry as the secured lien holder of the property.
Notice of all forfeitures shall be served by certified mail within the jurisdictional term of thirty (30) days as of the date of the seizure of the property. Notice shall be sent to the known address of the alleged owner, the person in charge of, or person with right over or interest in the property according to the record of the forfeiture.
In the case of motor vehicles which are seized by virtue of §§ 3201 et seq. of Title 9, known as the “Act for the Protection of Vehicular Property”, notice shall be sent within thirty (30) days following the thirty (30)-day term provided for law enforcement officers to conduct an investigation on the seized property. A vehicle seized pursuant to the Act for the Protection of Vehicular Property shall not be forfeited to the Government of Puerto Rico until the process provided for in said Act concludes. The vehicle shall be kept under Police custody until the corresponding investigation concludes.
In cases where the property is seized and kept for the purpose of an investigation related to a criminal, civil, or administrative action, or when a property is essential to the investigation or as evidence in the case, the term to conclude the investigation and issue an order of forfeiture shall not exceed ninety (90) days. The thirty (30)-day term to issue a notice of forfeiture shall begin to count once said action has concluded and the corresponding order of forfeiture is entered.
History —July 12, 2011, No. 119, § 13; Sept. 15, 2012, No. 252, § 4.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724k - Forfeited property—Provisional custody

The Administrative Director may provide that seized property be kept under the custody of the agency which seized it up to forty-five (45) days and, subsequently, shall order the transfer thereof to a location which provides the most protection and security.
History —July 12, 2011, No. 119, § 14.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724l - Forfeited property—Contest

The persons notified as provided herein who prove to be owners of the property, may contest the forfeiture within thirty (30) days following the date on which notice was received, by filing a complaint against the Commonwealth of Puerto Rico, and the official who authorized the seizure. Notice shall be served to the Secretary of Justice within fifteen (15) days following the filing of the complaint. In the event that notice is returned, the aforementioned terms shall begin to count after said notice is received by the Department of Justice. The above are jurisdictional terms. The Secretary of Justice shall represent the Commonwealth of Puerto Rico in all forfeiture contests and he/she shall file his/her plea within the thirty (30) days after being served notice. The complaint must be filed with the Superior Part of the Court of First Instance. The court shall process these complaints in an expedited manner and the proceedings shall be held without being docketed.
The complaint authorized under this chapter must strictly comply with the following terms: the court with which the complaint shall be filed must adjudicate it within a term of six (6) months after the answer to the complaint is filed, unless this term is waived or extended by the written consent of all parties thereto and for just cause, for a term that shall not exceed thirty (30) additional days; the legality and correctness of the forfeiture shall be presumed independent from any other criminal or administrative case, or any other proceeding related to the same facts. The burden of proof is on the complainant to defeat the legality of the forfeiture. Discovery shall be carried out within the first thirty (30) days counted from the date on which the answer to the complaint is filed and it shall not extend to the sworn statements in the prosecutor’s record until the right thereto is obtained as a result of a criminal action related to the events of the forfeiture.
Once the answer to the complaint is filed, the court shall order a hearing on standing to establish whether the complainant was the owner or had control over the property before the events that led to the forfeiture took place. The court may dismiss the action immediately for failure to meet this requirement.
For the purposes of this chapter, a person shall be considered as the “owner” of a property when he/she proves to hold ownership interest in the forfeited property, including a person who holds a lien on said property as of the date of the seizure of the forfeited property, or a valid assignment on said proprietary interest.
History —July 12, 2011, No. 119, § 15; Sept. 19, 2012, No. 262, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724m - Forfeited property—Bond posting

Within twenty (20) days after the filling of the complaint to contest the forfeiture, the complainant shall be entitled to post a bond in favor of the Commonwealth of Puerto Rico before the clerk of the corresponding court, to the satisfaction of the court, in the amount of the appraisal of the forfeited property. Said bond may be posted in legal tender, certified check, or through a bail bond company. Once the bond is posted and approved by the court, the board shall return the forfeited property to the person who posted the bond once the judicial order is entered.
Subsequent substitution of the forfeited properties in lieu of the bond, which shall secure the forfeiture if its legality is ascertained, shall not be allowed once the bond is posted. In the resolution entered to such effect, the court shall provide for the summary execution of said bond by the clerk of court and for the deposit thereof in the Special Fund in the case it is in legal tender or certified check. Bonds posted by insurance companies shall be remitted by the clerk of the corresponding court to the Secretary of Justice to process its execution. The proceeds of the execution shall be covered into the Special Fund, as provided herein.
History July 12, 2011, No. 119, § 16; Sept. 19, 2012, No. 262, § 2.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724n - Forfeited property—Appraisal, reasonableness

In the case of judicial contest of the forfeiture, the complainant shall have thirty (30) days from the filing of the complaint to file a motion requesting a hearing to contest the appraisal. After the hearing, the court shall determine the reasonableness of the appraisal as incidental to the complaint. The determination on said contest may only be appealed by certiorari before the Court of Appeals, limited to questions of law. The right to contest the appraisal is waived if the thirty (30)-day term elapses and no hearing is requested.
History —July 12, 2011, No. 119, § 17.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724o - Forfeited property—Transfer of property to the Board

The Forfeiture Board created by virtue of this chapter shall dispose of the forfeited property as appropriate and convenient for the protection and security of said forfeited property in accordance with the powers conferred thereto under this chapter and any regulations adopted thereunder, within thirty (30) days after the receipt of the notice of forfeiture if none of the persons notified has filed the corresponding complaint to contest said forfeiture or, within sixty (60) days after the receipt of the notice of forfeiture, if the court has not ordered the return of the forfeited property within such term because a bond has been posted therefor.
History —July 12, 2011, No. 119, § 18.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724p - Forfeited property—Disposition of property

In the event the court holds a forfeiture to be illegal, the Board shall return the forfeited property to the complainant. If the Board has already disposed of said property, the Government of Puerto Rico shall pay an amount equal to the appraisal value at the time of the seizure, or the amount for which it was sold, whichever is higher, plus the prevailing legal interest pursuant to the Rules of Civil Procedure, as amended, based on the appraisal value at the time of the seizure.
The complainant interested in claiming the return of the property or the sum to which he is entitled to pursuant to the preceding paragraph shall file a certified copy of the final judgment or resolution with the Secretary of Justice and with the Administrative Director of the Board in order for the board to comply with the provisions established herein. The complainant shall pick up the property within seven (7) business days after receiving notice from the Board authorizing the release thereof; after such term the Board may charge a reasonable fee for storage.
In the event that a forfeiture is held to be illegal, and the forfeited vehicle and any other means of ground transportation do not have a serial or identification number, be it because it was erased, mutilated, altered, substituted, superimposed, detached, adapted, or otherwise modified, the Government of Puerto Rico shall pay ninety percent (90%) of the appraised value at the time of the seizure or the amount for which it was sold, whichever is higher, and the payment of legal interest as of the date of the seizure shall not be required.
Even when the court holds a forfeiture to be illegal, if the forfeited property is deemed to be illegal, then the property shall not be returned.
History —July 12, 2011, No. 119, § 19; Sept. 15, 2012, No. 252, § 5.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724r - Forfeited property—Alternative uniform administrative procedure

The Forfeiture Board shall establish an alternative administrative procedure to return forfeited property. Said procedure shall not be considered as a requirement or obligation for a party to file and resolve a dispute.
The party interested in availing itself of this administrative procedure shall file a sworn petition with the Forfeiture Board within fifteen (15) days following the date of receipt of the forfeiture notice. The petition shall include the following:
(a) The names and mailing addresses of all parties with knowledge of the facts stated in the petition.
(b) Any documents which prove that the property was unduly forfeited.
(c) The relief requested.
When availing him/herself of the alternative uniform administrative procedure before the Forfeiture Board, the petitioner must exhaust all the administrative remedies available before resorting to the judicial forum to exercise his/her right to file a complaint to contest the forfeiture in accordance with this title.
History —July 12, 2011, No. 119, § 21.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724s - Forfeited property—Alternative uniform administrative procedure; Board evaluation

Once the petition has been received, the Administrative Director of the Board may reject it outright or refer the matter to a lawyer from the Department of Justice, who shall evaluate the petition and shall make a recommendation with findings of fact and conclusions of law within fifteen (15) days after the filing date of the petition. The Administrative Director, or his/her delegate, may adopt or reject the determination if he/she concludes that it has no legal basis and shall notify the petitioner accordingly.
If the Administrative Director, or his/her delegate, outright reject the petition or fail to act on the same within said fifteen (15) days, the term to file a petition to contest the forfeiture pursuant to the provisions herein shall begin to count once again from the date on which the petitioner receives a copy of the notice of rejection, or after the fifteen (15)-day term has elapsed, as the case may be.
History —July 12, 2011, No. 119, § 22.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724t - Forfeited property—Alternative uniform administrative procedure; notice of determination of the Administrative Director of the Board

The Administrative Director or his/her delegate shall notify the petitioner of the determination by certified mail and include the basis on which the decision was made and of his/her right to file a complaint to contest the forfeiture, in accordance with the provisions of this chapter, and include a copy of the determination and proof of notice thereof in the record of the forfeiture.
If the Administrative Director of the Board, or his/her delegate, determines that the property shall be returned, the petitioner shall present the notification to the agency, official, or entity under whose custody the property is kept in order to have it returned as provided in the determination. The petitioner must pick up the property within seven (7) business days after receiving notice of the determination of the Administrative Director of the Board after which the Board may charge a reasonable fee for storage.
History —July 12, 2011, No. 119, § 23.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724u - Forfeited property—Alternative uniform administrative procedure; reconsideration

Persons adversely affected by the determination of the Administrative Director of the Board may request reconsideration within ten (10) days after receiving notice of the determination. The request authorized herein shall not interrupt the term to file a complaint to contest the forfeiture.
Persons who, in lieu of exhausting all administrative remedies before the Board, choose to file a complaint must do so within thirty (30) days after receiving notice of the forfeiture, in strict compliance with the provisions of this chapter.
History —July 12, 2011, No. 119, § 24.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724v - Property not subject to forfeiture—Rental vehicles and vehicles whose possession is not assigned voluntarily by the owner

A short-term rental vehicle from an accredited company, that is used to commit a crime for which the law authorizes the seizure thereof, shall not be subject to forfeiture unless the Commonwealth establishes the existence of a criminal connection between the owner of the vehicle and the person who rents or operates it. It shall be understood that a vehicle has been rented for a short term when said rental does not exceed three (3) months, including the renewals, extensions, or modifications of the rental agreement.
In order for an accredited vehicle rental company to claim this defense, it must have verified that the lessor of the vehicle, when it is a natural person, was an authorized driver pursuant to the laws of the Commonwealth of Puerto Rico. In the file of the rental unit, said company shall include a photograph of the person to whom the vehicle was delivered, or an unequivocally clear photocopy of the driver’s license which qualifies him/her as an authorized driver according to the laws of the Commonwealth of Puerto Rico. Said files, including the photographs, shall be made available for inspection by any Commonwealth or federal official during an investigation.
A stolen or unlawfully taken vehicle shall not be subject to forfeiture, unless the Commonwealth establishes the existence of a criminal connection between the owner of the vehicle and the person who stole it or unlawfully took the vehicle.
If a forfeiture is not warranted due to the aforementioned circumstances, during the criminal or in personam action taken against the wrongdoer, when rendering judgment, the Judge shall impose on the convict the responsibility of paying, to the Commonwealth of Puerto Rico, the appraisal value of said vehicle as an additional punishment. The court shall order that notice of the judgment be sent to the Department of Justice and the Department of the Treasury so that they may, if necessary, request the execution thereof, as provided in the Rules of Civil Procedure, as amended.
History —July 12, 2011, No. 119, § 25.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724w - Transitory provisions

Forfeitures initiated as of the effective date of this act, and the procedures which have been initiated by virtue of the forfeiture proceedings under Act No. 93 of July 13, 1988, as amended, known as the “Uniform Seizure Act of 1988,”, shall be conducted in accordance with the provisions of this Act.
History —July 12, 2011, No. 119, § 28.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e) › § 1725 - Issuance—Authorization to Police

The Puerto Rico Police Department is hereby authorized to issue a certificate denominated “Criminal Record Certificate,” containing a list of the guilty verdicts found in the record of every person who, for having been sentenced in any Court of Justice of the Commonwealth of Puerto Rico or in any other local, state, or Federal jurisdiction, already has an open record in said agency or in any other similar agency or official data system in any other local, state, or Federal jurisdiction of the United States of America.
In the case of persons with criminal history and/or that do not comply with the five (5)-year term in the case of felonies, and six (6) months in the case of misdemeanors, as provided in §§ 1725a-1 and 1725a-2 of this title, they may obtain a Certificate of Rehabilitation and Job Training that may substitute the Criminal Record Certificate. The evaluation process to obtain the same shall be determined by the Department of Corrections and Rehabilitation, which may use the guidelines in effect for the issuance of the rehabilitation certificate established in § 4732 of Title 33. The employer reserves the right to require the Criminal Record Certificate in addition to the certificate of rehabilitation and job training.
The possible issuance of the certificate of rehabilitation and job training herein provided shall not apply to persons who are registered in the Registry of Persons Convicted of Violent Sexual Crimes and Child Abuse or the Registry of Persons Convicted of Corruption.
History —July 27, 1974, No. 254, Part 2, p. 255, § 1; Sept. 15, 2004, No. 314, § 1; Aug. 9, 2008, No. 224, § 1; Nov. 9, 2011, No. 174, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e) › § 1725a - Contents

The Criminal Record Certificate must contain the following information:
(1) Full name of the person for whom the certificate is issued.
(2) Case number and court where sentence was pronounced.
(3) Date of sentence.
(4) Offense for which the person was convicted as well as the jurisdiction in which the guilty verdict is filed.
(5) Penalty imposed.
(6) If sentence is in the stage of appeal.
(7) Date of certificate.
(8) Signature of the official issuing the certificate.
The Criminal Record Certificates shall also include a notice that the same shall not include convictions for misdemeanors, if more than six (6) months have elapsed since the sentence was served or convictions for felonies if more than five (5) years have elapsed since the sentence was served.
History —July 27, 1974, No. 254, Part 2, p. 255, § 2; Aug. 9, 2008, No. 224, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e) › § 1725a-1 - Elimination of a conviction—Misdemeanor

Any person who has been convicted of a misdemeanor may solicit that the Police Superintendent eliminate the conviction from the Criminal Record Certificate through a sworn statement, accompanied by the pertinent documents and a twenty (20) dollar internal revenue stamp, provided the following circumstances concur:
(a) That six (6) months have passed from the moment the sentence was served and that during that time the person has not committed another crime, and
(b) that the person has a good reputation within the community.
History —July 27, 1974, No. 254, Part 2, p. 255, added as § 3 on Sept. 15, 2004, No. 314, § 2.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e) › § 1725a-2 - Elimination of a conviction; felony

Any person convicted of a felony who is not subject to the Register of Persons Convicted for Violent Sexual Crimes and Abuse of Minors nor to the Register of Persons Convicted for Corruption, may solicit that the Court of First Instance issue an order for the elimination of the conviction from the Criminal Record Certificate provided the following circumstances concur:
(a) That five (5) years have passed from the moment the sentence was served and that during that time the person has not committed any crime;
(b) that the person has a good reputation within the community, and
(c) that the person has been subjected to providing the sample required by the DNA Data Bank Act, if required to do so.
The petitioner shall provide the documents needed to [evidence] the allegations of his/her petition. The Department of Justice may oppose or yield to the petition, in which case it shall not be necessary to hold a hearing.
History —July 27, 1974, No. 254, Part 2, p. 255, added as § 4 on Sept. 15, 2004, No. 314, § 2.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e) › § 1725a-3 - Elimination of a conviction; review

The decision of the Superintendent may be revised by the Court of Appeals according to the provisions of §§ 2101 et seq. of Title 3, known as the Uniform Administrative Procedures Act, and subsection (c) of § 24y of Title 4.
The decision of the Court of First Instance may be appealed before the Court of Appeals and the sentence may be revised by certiorari before the Supreme Court.
History —July 27, 1974, No. 254, Part 2, p. 255, added as § 5 on Sept. 15, 2004, No. 314, § 2.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e) › § 1725b - Reversed verdict

The Criminal Record Certificate shall not include the issue of any sentence:
(a) That has been revoked;
(b) that has been eliminated pursuant to the procedure provided in this chapter
(c) that has been given as served by a court pursuant to § 4732 of Title 33 or § 1615 of Title 4;
(d) that has been validated by the Central Office of Labor Advisement and Human Resources Administration (OCALARH, Spanish acronym), or
(e) that has been eliminated from the Register of Persons Convicted for Violent Sexual Crimes and Abuse of Minors.
History —July 27, 1974, No. 254, Part 2, p. 255, § 3, renumbered as § 6 and amended on Sept. 15, 2004, No. 314, § 3.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e) › § 1725c - Negative report

When there is no open record for a specific person in the files of the Puerto Rico Police a negative report shall be issued for that person.
History —July 27, 1974, No. 254, Part 2, p. 255, § 4, renumbered as § 7 and amended on Sept. 15, 2004, No. 314, § 4.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e) › § 1725d - Requests; fees

Any person may solicit the Criminal Record Certificate of a specific person provided he/she pays the corresponding fee as established by law.
History —July 27, 1974, No. 254, Part 2, p. 255, § 5; July 22, 1988, No. 136, p. 571; renumbered as § 8 and amended on Sept. 15, 2004, No. 314, § 5.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e) › § 1725e - Personnel; equipment; regulations

The Police Superintendent is hereby authorized to employ the personnel, acquire the equipment and materials and prepare the printed forms needed to comply with the provisions of this chapter and promulgate regulations to those ends.
History —July 27, 1974, No. 254, Part 2, p. 255, § 6, renumbered as § 9 and amended on Sept. 15, 2004, No. 314, § 6.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 120 - Jury Service Administration (§§ 1735 — 1735l) › § 1735 - Bureau

The Bureau of the Jury Service Administration is hereby created, attached to the Court Administration Bureau, which shall manage the Puerto Rico Jury System created by this chapter.
The Bureau of the Jury Service Administration shall be managed by a director, who shall be appointed by the Child Justice of the Puerto Rico Supreme Court and shall be staffed as determined by said Chief Judge. The position of the Bureau Director shall be included in the Judicial Branch Central Service Personnel and shall accrue the salary established by the Regulations of the Court Administration Bureau.
The organization, tax and personnel matters, and the internal operation of the Bureau shall be subject to the regulation approved for such purposes.
History —Sept. 27, 2003, No. 281, § 2, eff. 180 days after Sept. 27, 2003.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 120 - Jury Service Administration (§§ 1735 — 1735l) › § 1735a - Main Register of Jurors

The Bureau Director shall prepare a main register of jurors, using a method where the selection of people in the list is completely at random. No person can be included in the list by personal request or by the request of third parties.
In order to prepare such list, the Bureau Director shall require, it being mandatory, that any department, agency, board, commission, instrumentality or corporation of the Commonwealth of Puerto Rico or its municipalities, including the State Electoral Commission, shall submit free of charge and by any means, copies of the registries of people in their charge, including without limitation, the voters, motor vehicle drivers, electricity, water and telephone services recipients, and those registered in any other government program or service.
The Bureau Director shall determine the number of jurors that comprise the main register and shall distribute the jurors according to the needs determined in each Judicial Region. Wherever possible, there shall be a proportional number of jurors for each municipality forming the region, taking its population as a base, according to the last census of the United States Census Bureau.
The Main Register of Jurors must be periodically updated or reviewed, but never at intervals longer than three (3) years.
History —Sept. 27, 2003, No. 281, § 3, eff. 180 days after Sept. 27, 2003.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 120 - Jury Service Administration (§§ 1735 — 1735l) › § 1735b - Jury selection in a trial

Whenever the penal docket of a Division of the District Court so requires, the court shall issue an order addressed to the Bureau Director, with prior notice to the parties, for said Director to randomly select the number of jurors deemed necessary by the court. The list of jurors selected by the Bureau Director shall contain the full name of each juror, unless there is an order to the contrary, as well as the municipality of residence and any other information required by the regulations.
A copy of the list of jurors so appointed shall be delivered to the court and to the parties three (3) days before the empanelling of the jury.
History —Sept. 27, 2003, No. 281, § 4, eff. 180 days after Sept. 27, 2003.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 120 - Jury Service Administration (§§ 1735 — 1735l) › § 1735c - Eligibility to serve

Any person who meets the following requirements shall be eligible to serve as a juror in Puerto Rico:
(a) To be eighteen (18) years or older.
(b) Having legally resided in Puerto Rico for one (1) year and ninety (90) days previously in the judicial region where the proceeding shall be held
(c) Knowing how to read and write in Spanish.
(d) Not having been convicted of a felony or any other crime involving moral turpitude.
(e) Being physically and mentally able to serve as a juror.
History —Sept. 27, 2003, No. 281, § 5, eff. 180 days after Sept. 27, 2003.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 120 - Jury Service Administration (§§ 1735 — 1735l) › § 1735d - Jury duty

Any person meeting the requirements established by this chapter shall be bound to serve as a juror in any criminal proceeding pending before any Division of the District Court of the Commonwealth of Puerto Rico.
History —Sept. 27, 2003, No. 281, § 6, eff. 180 days after Sept. 27, 2003.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 120 - Jury Service Administration (§§ 1735 — 1735l) › § 1735e - Rights of a person summoned to serve

Any person summoned to serve as a juror shall have the right to:
(a) Not be forced to serve as a juror for more than the terms established in § 1735f of this title.
(b) Be treated with dignity and decorum by the staff and management of the Judicial Branch with whom he or she enters into contact.
(c) Have an adequate place available while in active service in the court.
(d) Be summoned to serve as a juror not less than ten (10) days before the date on which attendance is required.
(e) Receive salary payments from his employer while in active jury duty and in compliance with the norms approved in this chapter.
(f) Receive, while unemployed, or while the leave for jury duty established by this chapter has expired, payment of a fee for each day of service attending the court that is required from him.
(g) Receive payment or reimbursement for transportation expenses that were necessarily incurred in order to attend court, in compliance with the regulations approved for such purposes, and to receive transportation supplied by the court when the court believes that there are circumstances so warranting.
(h) Receive payment for reimbursement for food expenses while in active service as a juror, in compliance with the regulations approved for such purposes.
(i) Not being fired from his or her job or being penalized in any way by his or her employer for the sole fact of having served as a juror.
(j) Be covered by the Judicial Division’s worker’s compensation insurance while acting as a juror.
History —Sept. 27, 2003, No. 281, § 7, eff. 180 days after Sept. 27, 2003.