2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 24A - Criminal Record Verification Act of Care Service Providers for the Children and the Elderly of Puerto Rico (§§ 481 — 487) › § 482 - Prohibition—Providers and certification

(a) No person may function as a care services provider for children and the elderly or be able to provide such services in the jurisdiction of the Commonwealth of Puerto Rico unless having previously applied for and received a certification indicating that said person is not registered in the Registry of Persons Convicted of Sex Crimes and Child Abuse created by Act No. 28 of July 1, 1997, as amended, in the Criminal Record Register of the Puerto Rico Police, authorized by §§ 1725 et seq. of Title 34, or in the Criminal Justice Information System created by §§ 531 et seq. of Title 4, as convicted of any violent sex crime or child abuse. It shall furthermore be required to request and obtain a certificate from the Puerto Rico Police or from the Criminal Justice Information System indicating that the person has not been convicted of any of the following felonies committed during the effective term of the Puerto Rico Penal Code of 1974, as amended:
(1) Murder, in any of its degrees or modalities.
(2) Homicide, in any of its degrees or modalities.
(3) Incitement to suicide.
(4) Aggravated assault, in any of its degrees or modalities.
(5) Mutilation.
(6) Throwing acid [on] to a person.
(7) Rape, in any of its modalities.
(8) Seduction.
(9) Sodomy.
(10) Bestiality.
(11) Indecent exposure.
(12) Obscene propositions.
(13) Procurement, roguery, or carnal commerce.
(14) Incest.
(15) Restriction of liberty, in any of its degrees or modalities.
(16) Kidnapping, in any of its modalities.
(17) Abandonment of a minor.
(18) Child abduction.
(19) Illegal deprivation of custody.
(20) Adoption in exchange for payment.
(21) Perversion of a minor.
(22) Public mendicancy by a minor.
(23) Theft.
(24) Extortion.
(25) Abuse against minors or disabled persons.
(26) Imposture.
(27) Arson, in any of its degrees or modalities.
(28) Devastation.
(29) Conversion, fraud or misappropriation of public funds, to also include those cases in which the person has plead guilty in a Commonwealth or federal forum or in any other jurisdiction of the United States of America.
Nor any of the following crimes committed after the effective date of the new Penal Code of the Commonwealth of Puerto Rico of 2004:
(1) Murder, in any of its degrees or modalities.
(2) Incitement to suicide.
(3) Aggravated assault, in any of its modalities.
(4) Negligent injury.
(5) Sexual aggression.
(6) Bestiality.
(7) Indecent exposure.
(8) Obscene propositions.
(9) Procurement, roguery or carnal commerce.
(10) Production of child pornography.
(11) Possession and distribution of child pornography.
(12) Use of a minor for purposes of child pornography.
(13) Restriction of liberty, in any of its modalities.
(14) Kidnapping, in any of its modalities.
(15) Abandonment of minors.
(16) Child abduction.
(17) Illegal deprivation of custody.
(18) Adoption in exchange for payment.
(19) Perversion of minors.
(20 Theft, in any of its modalities.
(21) Illegal identity theft.
(22) Arson, in any of its modalities.
(23) Devastation.
Nor for violation of the Controlled Substances Act, as amended, with the exception of § 2404 of Title 24 in all its modalities.
(b) The certification required in subsection (a) of this section shall be issued by the Puerto Rico Police. The Police Superintendent shall adopt and promulgate the regulations needed to enforce the provisions of this chapter related to the application and issue of said certification. The aforementioned regulations may require that the applicant fill out a form with detailed information of his/her person, and submit the latter as well as a photograph of him/herself and a sample of fingerprints to the Puerto Rico Police. The Superintendent may retain said forms, photographs and samples and use them for investigative purposes.
History —Sept. 2, 1999, No. 300, § 4; Jan. 8, 2004, No. 12, § 4; Sept. 14, 2004, No. 273, § 2.