2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 7 - Department of Justice (§§ 71 — 139-139f) › Subchapter VI - Bureau of Special Investigations (§§ 138 — 138r) › § 138c - Powers and functions

The Bureau shall have the following powers and functions:
(1) To investigate, determine and evaluate the nature and extension of organized criminal activity, with regard to the traffic, use and possession of narcotics, marihuana, LSD and dangerous drugs, and in connection with gambling, especially with reference to race tracks, lottery and casinos, prostitution and other activities connected with organized crime.
(2) To gather and check information from governmental sources in connection with the organized criminal activity related to those activities listed in the previous subsection. Such information shall be organized, studied, filed, and used, when appropriate, as evidence in cases brought before the courts.
(3) To gather the evidence needed by the Department of Justice to institute the proper judicial action when applicable in connection with any of the activities set forth in subsection (1) of this section.
(4) To act as liaison between the Commonwealth, the International Police Corps (Interpol) and other foreign investigation bodies.
(5) To develop educational programs, such as seminars and conferences dealing with suspicious organized criminal activity and in the manner to attain the most effective cooperation among all agencies, officials and entities engaged in the task of detecting and fighting organized crime in their respective spheres of activity.
(6) To improve the Commonwealth’s capacity for secret investigation against organized crime. The Bureau shall prepare a complete secret file on organized criminal activities with regard to narcotics, prostitution, gambling and other activities related to organized crime. All the information obtained shall be analyzed and evaluated.
(7) To improve the knowledge and understanding of the operation of organized crime by analyzing and evaluating the information obtained with the purpose of determining which legal activities have been infiltrated by organized crime and to what extent. To, likewise, evaluate and analyze the calculated gain as a result of said infiltration and the anticipated increase of organized criminal activity, as well as how to fight it.
(8) Improve the coordination of the Commonwealth’s governmental action against organized crime, analyzing and evaluating the information available in the files, and furnishing said information, upon the previous authorization of the Secretary, to the various governmental agencies concerned.
(9) Improve the quality of the personnel in charge of implementing the criminal justice system through periodic training sessions to increase their knowledge and control for the eradication of organized crime.
(10) To improve the legislation related to organized criminal activity by recommending the appropriate legislation to be considered by the Legislature of Puerto Rico.
(11) Investigate contentions regarding the following crimes, when these may effect the proper functioning of the Government, in the Director’s judgment:
(a) Deaths or aggressions to employees or public officials while exercising their functions, duties, and obligations.
(b) Bribing employees or public officials.
(c) Destruction or damage of public property.
(d) Misappropriation, theft or any illegal appropriation of public funds.
(e) Forging of public documents or issuing of false certificates by public officials.
(f) The omission or negligence of public officials in fulfilling their duties, when said omission or negligence is established as a crime in a special act or in Act No. 115 of July 22, 1974, known as the Penal Code of Puerto Rico.
(g) Riots and sabotage of essential public services.
(h) Kidnapping of public officials or former public officials.
(i) Violation of a private, written communication.
(j) Interception, revelation or publication of a private communication.
(k) Threats against public official or former public officials.
(12) Investigate, determine and evaluate the nature and extent of thefts in banking or commercial entities.
(13) Investigate, determine and evaluate the nature and extent of terrorists acts.
(14) Investigate alleged corruption irregularities, misconduct or actions that may affect the integrity of the Government, employees, or public officials in any contract, negotiation or activity of the Commonwealth of Puerto Rico.
(15) Investigate the cases in which a member of the Police of Puerto Rico is charged with misuse or abuse of his authority. The Special Investigations Bureau shall adopt, through regulations, the procedure for the investigation of such cases. Once the Bureau has sent written notice to the Police Superintendent, it shall have exclusive jurisdiction in the cases of misuse or abuse of authority when it initiates the corresponding investigation.
(16) Investigate the persons contracted, hired by the Government, or doing business therewith, to ascertain that the contract, employment, or business is being carried out or negotiated according to the applicable procedures, rules or regulations.
(17) Gather evidence in those judicial proceedings and administrative procedures in which the Commonwealth is the interested party.
(18) Investigate violations of the antitrust legislation.
(19) With the purpose of coordinating the intelligence and security activities of the various agencies of the Commonwealth of Puerto Rico, the Bureau:
(a) Shall inform the Secretary and the Governor about affairs related to the intelligence and security activities of the various agencies of the Commonwealth of Puerto Rico.
(b) Shall make recommendations to the Secretary and the Governor on the coordination of security and intelligence activities of the various agencies of the Commonwealth of Puerto Rico.
(c) Shall carry out, for the benefit of the existing intelligence and security governmental organisms, those additional, common-interest services which the Governor determines can be performed more effectively in a centralized manner.
(20) To investigate the theft or unlawful taking of essential water and electric power services, as well as the alteration, tampering with, or bypassing utility meters or reading devices.
(21) To perform all other functions and duties connected with security and intelligence that the Secretary or the Governor may assign from time to time.
The powers and functions of §§ 138—138r of this title shall be carried out with the greatest prudence and moderation, and within reasonable and strictly necessary limits, in accordance with the goals for which the Special Investigations Bureau was created.
History —July 13, 1978, No. 38, p. 491, § 4, retroactive to July 1, 1978; Dec. 11, 2011, No. 235, § 1.