reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 7 - Department of Justice (§§ 71 — 139-139f) › Subchapter IV - Special Independent Prosecutor (§§ 99h — 99aa) › § 99i - Definitions

For the purposes of §§ 99h—99z of this title, the following terms shall have the meaning expressed hereinbelow, unless it is otherwise understood from the text:
(1) Agency.— Means any government body of the Government of Puerto Rico, including the public corporations and dependencies thereof, but excluding the municipal corporations and the political subdivisions thereof.
(2) Office.— Means the Office of the Special Independent Prosecutor’s Panel.
(3) Panel Chair.— Means the member of the Panel with executive powers, as established in this Act.
(4) Special Prosecutor.— Means the Special Independent Prosecutor whose position has been created through §§ 99h—99z of this title.
(5) Panel.— Means the Special Independent Prosecutor’s Panel.
(6) Secretary.— Means the Secretary of Justice of Puerto Rico.
(7) Department.— Means the Department of Justice of Puerto Rico.
(8) Decision.— Means a determination of whether or not there is sufficient cause that warrants further investigation or the filing of complaints or charges.
(9) Recommendation.— Determination of the Department of Justice on the request to the Panel to determine whether a Special Independent Prosecutor should be designated.
(10) Sworn Complaint.— Document submitted under oath.
History —Feb. 23, 1988, No. 2, p. 4, § 2, eff. 30 days after Feb. 23, 1988; Jan. 3, 2012, No. 4, § 2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 7 - Department of Justice (§§ 71 — 139-139f) › Subchapter IV - Special Independent Prosecutor (§§ 99h — 99aa) › § 99j - Creation of the position

The position of Special Independent Prosecutor is hereby created, henceforth denominated the Special Prosecutor, who shall be appointed pursuant to the provisions of §§ 99h—99z of this title, and who shall have the responsibility of resorting to the Courts of Justice on behalf of the Government of the Commonwealth of Puerto Rico to file and prosecute the corresponding criminal actions resulting from the investigations he carries out on the matters assigned to him pursuant to §§ 99h—99z of this title.
History —Feb. 23, 1988, No. 2, p. 4, § 3, eff. 30 days after Feb. 23, 1988.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 7 - Department of Justice (§§ 71 — 139-139f) › Subchapter IV - Special Independent Prosecutor (§§ 99h — 99aa) › § 99l - Preliminary investigation in the case of other officials, employees or individuals

(1) Whenever the Secretary of Justice receives information that, in his judgment, constitutes sufficient cause to investigate whether any official, former official, employee, former employee or individual not listed in § 99k of this title has committed any of the crimes referred to in § 99k of this title, he may carry out a preliminary investigation at his discretion, and request the appointment of a Special Prosecutor whenever he determines that if the investigation is carried out by the Secretary of Justice, it may result in a conflict of interest.
(2) Whenever the Secretary determines that there is no conflict of interest whatsoever that may hinder an objective investigation by the Department of Justice, the Secretary shall designate the official who shall conduct the investigation, and the Department of Justice shall assume its jurisdiction.
History —Feb. 23, 1988, No. 2, p. 4, § 5, eff. 30 days after Feb. 23, 1988.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 7 - Department of Justice (§§ 71 — 139-139f) › Subchapter IV - Special Independent Prosecutor (§§ 99h — 99aa) › § 99m - Charges against the Secretary of Justice

In those cases in which the commission of any of the crimes referred to in § 99k of this title is charged to the Secretary of Justice, the persons mentioned in subsection (5) of § 99k of this title shall submit the information directly to the Panel which shall notify said information to the Secretary.
Whenever information is received directly by the Department of Justice in which the Secretary of Justice is charged with committing any of the crimes referred to in § 99k of this title, it shall be submitted to the Panel. In both cases the Panel shall make the corresponding determination using the same standards that apply to the investigations for accusations against any person or official subject to the provisions of §§ 99h—99z of this title.
History —Feb. 23, 1988, No. 2, p. 4, § 6, eff. 30 days after Feb. 23, 1988.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 7 - Department of Justice (§§ 71 — 139-139f) › Subchapter IV - Special Independent Prosecutor (§§ 99h — 99aa) › § 99n - Reopening of investigation for the introduction of new information

If, after the Secretary of Justice has informed the Panel that a preliminary investigation is not in order or that there is insufficient cause to merit a full investigation, he receives information that to the best of his knowledge should give rise to a preliminary or a full investigation, he shall immediately so notify the Panel.
If the Secretary understands that there is sufficient cause to designate a Special Prosecutor after carrying out the additional investigations that he deems pertinent, he shall so notify the Panel no later than ninety (90) days after having received said additional information.
History —Feb. 23, 1988, No. 2, p. 4, § 7, eff. 30 days after Feb. 23, 1988.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 7 - Department of Justice (§§ 71 — 139-139f) › Subchapter IV - Special Independent Prosecutor (§§ 99h — 99aa) › § 99o - Determination whether preliminary investigation is in order; procedure

(1) In order to determine whether there is cause to conduct a preliminary investigation, the Secretary of Justice shall take the following factors into consideration:
(a) The seriousness of the charges made;
(b) the degree of participation the official or former official, employee or former employee is charged with;
(c) the data and grounds on which the charges are based;
(d) the credibility of the person who brings the charges and that of other sources of information.
(2) Any report of the Comptroller or the Office of Government Ethics recommending to the Secretary of Justice the filing of criminal charges against any of the officials covered by the provisions of §§ 99h—99z of this title, shall be deemed as sufficient cause to investigate for the purposes of subsection (1) of this section.
(3) In any case in which the Secretary of Justice receives a complaint from any source charging an employee, official, former employee or former official covered by § 99 l of this title, with any violation, the Secretary shall notify the Panel of said complaint and of the investigation it shall conduct.
(4) When the Secretary of Justice determines that carrying out a preliminary investigation is in order, he shall complete said preliminary investigation within a term that shall not exceed ninety (90) days from the date on which he receives the information. In those cases in which the Department of Justice deems that it has been impossible to conclude adequately the preliminary investigation within said term due to its nature and complexity, the Department may request the Panel, which may approve at its discretion an additional term which shall not exceed ninety (90) days.
(5) During the course of a preliminary investigation, the Secretary of Justice shall not grant immunity or plea bargain with officials, employees, former officials or former employees that are subject of said investigation. However, the Secretary may exercise such prerogative in those cases in which he assumes jurisdiction under the provisions of §§ 99h—99z of this title to fully investigate and prosecute the complaint or accusation already filed, once the preliminary investigation is completed.
(6) The Panel may review any determination of the Secretary issued pursuant to the provisions of § 99 l of this title and shall determine the convenience of appointing a Special Prosecutor to carry out the investigation and prosecution needed for the disposition of said complaint, subject to the provisions of § 99p of this title.
History —Feb. 23, 1988, No. 2, p. 4, § 8, eff. 30 days after Feb. 23, 1988.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 7 - Department of Justice (§§ 71 — 139-139f) › Subchapter IV - Special Independent Prosecutor (§§ 99h — 99aa) › § 99p - Non-compliance with the terms by the Secretary of Justice

If the Secretary of Justice, after receiving a complaint or accusation against any official, employee, former official or former employee, based on the provisions of §§ 99h—99z of this title, does not take any action within the term of ninety (90) days, or in a term not greater than one hundred and eighty (180) days when he obtains an extension by the Panel, he shall submit the entire file of the investigation to the Panel, which shall determine the convenience of appointing a Special Prosecutor to carry out the investigation and prosecution needed for the disposition of said complaint.
History —Feb. 23, 1988, No. 2, p. 4, § 9, eff. 30 days after Feb. 23, 1988.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 7 - Department of Justice (§§ 71 — 139-139f) › Subchapter IV - Special Independent Prosecutor (§§ 99h — 99aa) › § 99t - Special Independent Prosecutor’s Panel—Exclusive jurisdiction

Every Special Prosecutor shall have exclusive jurisdiction to investigate and prosecute those criminal actions contained within the commission which he is assigned. However, the Secretary of Justice may intervene as “amicus curiae” with regard to any legal matter that may arise in any proceedings in which a Special Prosecutor takes part in his capacity as such, or in any appeal of said action.
History —Feb. 23, 1988, No. 2, p. 4, § 13, eff. 30 days after Feb. 23, 1988.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 7 - Department of Justice (§§ 71 — 139-139f) › Subchapter IV - Special Independent Prosecutor (§§ 99h — 99aa) › § 99u - Special Independent Prosecutor’s Panel—Independence of the position

In the exercise of the faculties and powers specified in §§ 99h—99z of this title, no Special Prosecutor shall be subject to the authority or supervision of the officials or agencies of the Government of the Commonwealth of Puerto Rico, except as provided in §§ 99h—99z of this title.
History —Feb. 23, 1988, No. 2, p. 4, § 14, eff. 30 days after Feb. 23, 1988.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 7 - Department of Justice (§§ 71 — 139-139f) › Subchapter IV - Special Independent Prosecutor (§§ 99h — 99aa) › § 99v - Special Independent Prosecutor’s Panel—Reports

(1) Every Special Prosecutor shall submit to the Panel the partial reports he deems appropriate, or those that are requested from him with regard to his commission.
(2) Once the Special Prosecutor has completed his commission he shall submit a final report to the Panel, which shall contain a full and detailed description of the actions carried out, which shall be available to the public. He shall include in his report an account of the cases investigated and prosecuted. He shall state the reasons for deciding not to bring any action on the conduct or facts related to the commissioned investigation.
(3) The Special Prosecutor shall submit to the Legislative Assembly whatever information that, in his judgment, may constitute reasonable grounds to initiate an impeachment or expulsion proceeding. He shall likewise submit to the corresponding bodies any information that, in his judgment, constitutes reasonable grounds to file any other legal action.
History —Feb. 23, 1988, No. 2, p. 4, § 15, eff. 30 days after Feb. 23, 1988; Jan. 3, 2012, No. 4, § 6.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 7 - Department of Justice (§§ 71 — 139-139f) › Subchapter IV - Special Independent Prosecutor (§§ 99h — 99aa) › § 99w - Special Independent Prosecutor’s Panel—Confidentiality of investigation

(1) The Special Prosecutor shall not disclose, except to the Panel any information obtained during the course of his investigation before the final report is filed.
(2) In order to preserve the confidentiality of the investigations and the rights of the persons charged, the Panel shall not disclose the information submitted to it, and shall forbid the access of the public to the proceedings being tried. In the cases requested, and as an exception, the Panel may disclose information or data under his control when such disclosure:
(a) Does not unduly interfere with any pending judicial action or investigation;
(b) does not deny any person the right to a fair trial or impartial judgment;
(c) does not constitute an unreasonable intrusion of privacy;
(d) does not disclose the identity of a confidential source of information;
(e) does not expose investigative techniques or procedures to the public that may affect the course of these investigations, and
(f) does not jeopardize the life or physical safety of officials, persons or witnesses.
History —Feb. 23, 1988, No. 2, p. 4, § 16, eff. 30 days after Feb. 23, 1988.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 7 - Department of Justice (§§ 71 — 139-139f) › Subchapter IV - Special Independent Prosecutor (§§ 99h — 99aa) › § 99x - Special Independent Prosecutor’s Panel—Dismissal; causes and procedures

(1) The Special Prosecutor and the members of the Panel may be dismissed from office only for the following reasons:
(a) Immoral conduct;
(b) professional incompetence or obvious ineptitude in the performance of their duties and obligations;
(c) conviction for any felony or misdemeanor that implies moral turpitude;
(d) unreasonable retaining of his office despite the conclusion of all the duties commissioned to him;
(e) dereliction of duties;
(f) obvious abuse of the authority conferred by this or other acts;
(g) the publication of a report whose disclosure is not authorized by §§ 99h—99z of this title.
(2) The Special Prosecutor and the members of the Panel may be dismissed from office for participating in political activities, including the following:
(a) Participate actively in political campaigns.
(b) Hold positions in organizations or political parties of any kind.
(c) Contribute money, directly or indirectly to candidates, organizations, or political parties.
(d) Participate in reunions, commissions, meetings, social gatherings, assemblies, conventions, primaries or other political acts.
(e) Actively endorse candidates for elective positions.
(f) Make public statements or manifestations on matters of political-partisan nature.
(g) The Special Prosecutor and the members of the Panel shall not use their positions to advance personal political agendas.
(3) The Special Prosecutor and the members of the Panel can be dismissed from office because of physical or mental disability. The dismissal shall be deemed as a voluntary resignation for all legal effects and purposes.
(4) The Special Prosecutor may be dismissed from office by the Panel, after charges have been brought, complying with due process of law.
(5) The members of the Panel may be dismissed from office for the above-mentioned reasons by the Governor of Puerto Rico, through the due process of law.
History —Feb. 23, 1988, No. 2, p. 4, § 17; Aug. 26, 2002, No. 199, §§ 1, 2; Sept. 21, 2006, No. 202, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 7 - Department of Justice (§§ 71 — 139-139f) › Subchapter IV - Special Independent Prosecutor (§§ 99h — 99aa) › § 99y - Special Independent Prosecutor’s Panel—Term of office

The term of office of a Special Prosecutor shall expire when he submits a final report to the Panel, pursuant to the provisions of §§ 99h—99z of this title. All property, cases files and documents related to the same shall remain in custody of the Panel.
History —Feb. 23, 1988, No. 2, p. 4, § 18, eff. 30 days after Feb. 23, 1988.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 7 - Department of Justice (§§ 71 — 139-139f) › Subchapter IV - Special Independent Prosecutor (§§ 99h — 99aa) › § 99z - Special Independent Prosecutor’s Panel—Other public offices; restrictions

No person who has been appointed Special Independent Prosecutor shall hold any other public office during his/her term and until the year following the year he/she ceased as such. Provided, further, That special independent prosecutors and special delegates during their tenure as Special Prosecutor shall not intervene in any other affair of a civil, administrative [or] criminal nature having common or similar elements to, or that have or appear to have a conflict of interest with any matter that is or could be the subject of their mandate.
History —Feb. 23, 1988, No. 2, p. 4, § 19; July 19, 2005, No. 24, § 2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 7 - Department of Justice (§§ 71 — 139-139f) › Subchapter IV - Special Independent Prosecutor (§§ 99h — 99aa) › § 99aa - Exclusion from Application of Laws

In order to promote and ensure the administrative autonomy that is essential to carry out the critical function entrusted thereto, the Office of the Special Independent Prosecutor’s Panel shall be excluded from the application of Act No. 184-2004, as amended, known as the “Public Service Human Resources Administration Act of the Commonwealth of Puerto Rico”; Act No. 230 of July 23, 1974, as amended, known as the “Government of Puerto Rico Accounting Act”; Reorganization Plan 3-2011, known as the “2011 General Services Administration Reorganization Plan”; Act No. 78-1997, as amended, known as the “Act to Regulate Controlled Substances Detection Tests in the Public Sector Workplace” and from the Unique Registry of Bidders attached to the General Services Administration; Act No. 45-1998, known as the “Puerto Rico Public Service Labor Relations Act”; Act No. 5 of December 8, 1955, as amended, known as the “Public Documents Administration Act”; Act No. 265-2003, known as the “Act for Regulating Certain Government Financing and Personal Property Leasing Contracts”; Act No. 147 of June 18, 1980, as amended, known as the “Organic Act of the Office of Management and Budget”; and Act No. 209-2003, as amended, known as the “Puerto Rico Statistics Institute Act.” Likewise, the Office shall remain exempt from the provisions of Act No. 7-2009, as amended, known as the “Special Act to Declare a State of Fiscal Emergency and Establish a Comprehensive Fiscal Stabilization Plan to Salvage the Credit of Puerto Rico.” The provisions of Act No. 197-2002, known as the “Act to Regulate the Transition Process of the Government of Puerto Rico,” shall only apply to the Office solely with respect to the fiscal account statements.
History Feb. 23, 1988, No. 2, p. 4, added as § 20 on Jan. 3, 2012, No. 4, § 7.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 7 - Department of Justice (§§ 71 — 139-139f) › Subchapter V - General Provisions (§§ 100 — 137) › § 130 - Penal institutions

See provisions on penal institutions under §§ 554 et seq. of Title 4.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 7 - Department of Justice (§§ 71 — 139-139f) › Subchapter V - General Provisions (§§ 100 — 137) › § 131 - Parole and good conduct allowances

See provisions on parole and good conduct allowances under §§ 616a et seq. and 1501 et seq. of Title 4.
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) › § 138 - Short title

Sections 138—138r of this title shall be known as the “Special Investigations Bureau of the Department of Justice of the Commonwealth of Puerto Rico”.
History —July 13, 1978, No. 38, p. 491, § 1, retroactive to July 1, 1978.
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) › § 138a - Creation and duties

The Special Investigations Bureau of the Department of Justice of the Commonwealth of Puerto Rico is created under the direct and nondelegable supervision of the Secretary of Justice. The Bureau shall be attached to the Department of Justice and shall constitute an individual administrator as defined in Act No. 5 of October 14, 1975, known as the “Puerto Rico Public Service Personnel Act”. The Bureau shall have the duty to develop specialized techniques in the field of criminal investigation to fulfill the functions assigned herein to it. The Bureau shall compile and evaluate information in connection with investigation and state security.
History —July 13, 1978, No. 38, p. 491, § 2, retroactive to July 1, 1978.
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) › § 138b - Definitions

For the purposes of §§ 138—138r of this title, the following terms and phrases shall have the meaning expressed hereinbelow, unless a different meaning is clearly inferred from the text:
(1) Agency.— Means any department, agency, instrumentality, municipality, public corporation or its subsidiary, division, bureau, branch or office of the Government of the Commonwealth of Puerto Rico.
(2) Director.— Means the Director of the Special Investigations Bureau of the Department of Justice of the Commonwealth of Puerto Rico, hereby created.
(3) Governor.— Means the Governor of the Commonwealth of Puerto Rico.
(4) Government.— Means the Government of the Commonwealth of Puerto Rico.
(5) Bureau.— Means the Special Investigations Bureau of the Department of Justice of the Commonwealth of Puerto Rico created pursuant to §§ 138—138r of this title.
(6) Secretary.— Means the Secretary of Justice of the Commonwealth of Puerto Rico.
History —July 13, 1978, No. 38, p. 491, § 3, retroactive to July 1, 1978.
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) › § 138d - Powers of investigating personnel

The investigating personnel of the Bureau shall have the following faculties in performing the functions that are assigned to said Bureau by §§ 138—138r of this title:
(1) To accuse.
(2) To arrest.
(3) To serve court orders.
(4) To possess and bear arms.
(5) To take oaths of potential witnesses in cases under investigation by the Bureau.
History —July 13, 1978, No. 38, p. 491, § 5, retroactive to July 1, 1978.
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) › § 138e - Director, appointment, requirements

The Bureau shall be under the direction of a Director, who shall be appointed by the Secretary and shall hold office at the latter’s discretion. The Secretary shall personally authorize all the activities to be carried out by the Director and the members of the Bureau.
The Director shall be a lawyer admitted to the practice of the legal profession by the Supreme Court of Puerto Rico and shall have no less than three (3) years of investigative experience or three (3) years of experience in law practice. The Secretary of Justice shall designate a prosecutor to hold said position taking into consideration his proven good reputation and his professional experience, and who shall meet the previously indicated experience requirements. Provided, also, That any prosecutor appointed as Director shall keep the rights and privileges of the prosecutor’s position for the term of his appointment as such.
History —July 13, 1978, No. 38, p. 491, § 6, retroactive to July 1, 1978.
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) › § 138f - Special powers of Director

The Director or the prosecutor designated by him shall have the power to order the appearance and testimony of witnesses and the presentation of any books, papers, documents or other evidence under the terms of a subpoena. When a witness summoned by the Director or the prosecutor designated by him does not appear to testify or does not produce the required evidence, or refuses to answer any question, the Director or his legal representative shall request an order of the Court of First Instance to enjoin the presence or testimony of the witness or the production of the evidence required, as the case may be. Once the petition is filed in the Court of First Instance, it shall issue a subpoena ordering the witness to appear and testify or to produce the requested evidence or both before the Director. Any disobedience of the order issued by the court shall be penalized as contempt of court.
The evidence related to the case under investigation, offered by any witness summoned by the Director, may not be used against him in any criminal proceeding. The Director may grant civil or administrative immunity.
History —July 13, 1978, No. 38, p. 491, § 7, retroactive to July 1, 1978.
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) › § 138g - Subdirector, appointment, requirements

The Secretary shall designate a Deputy Director of the Bureau, who shall assist the Director in the performance of his/her duties and who shall be an attorney admitted to the practice of the legal profession by the Supreme Court of Puerto Rico, or a person holding a Master’s Degree in Criminal Justice with not less than ten (10) years of experience in criminal investigations. In the absence of the Director, said official shall substitute for the latter and function as Acting Director in all matters, obligations and responsibilities inherent to the aforesaid office of Director, pursuant to the provisions of this §§ 138—138r of this title, and shall hold office until the Director returns to his/her post or until the Secretary fills the vacancy and the person thus appointed takes office as such.
History —July 13, 1978, No. 38, p. 491, § 8; July 11, 1998, No. 118, § 1.
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) › § 138h - Deputy Directors, requirements

The Secretary shall designate Deputy Directors as needed to direct the different Divisions in which the Bureau shall be structured, and shall serve in these positions at his discretion. The Secretary shall appoint the Deputy Directors after considering their established good reputation, their professional experience and their specialty.
History —July 13, 1978, No. 38, p. 491, § 9, retroactive to July 1, 1978.
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) › § 138i - Personnel

The Secretary of Justice shall be the nominating authority, pursuant to the provisions of §§ 138—138r of this title. The Secretary shall appoint the technical, clerical, stenographic or any other personnel, and may fix their remuneration according to the regulations adopted to this effect, and authorize the expenses needed to fulfill the purposes of §§ 138—138r of this title. A bachelor’s degree from a recognized university shall be required to become a Special Agent. Any Special Agent of the Bureau of Special Investigations shall be subject to a two-year probationary period, during which he may be dismissed from his position at any time, when the Secretary of Justice considers that his services, habits or attitudes do not justify granting him the status of a regular employee.
History —July 13, 1978, No. 38, p. 491, § 10; July 26, 1979, No. 9, p. 946.
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) › § 138j - Organization and structure; transfer of functions

The Secretary is empowered to determine by regulations the organization and structure of the Bureau and its divisions. Likewise, he may reorganize, consolidate and modify the titles in the programs and activities. He may transfer functions, programs and activities from the Bureau to the Department of Justice in the organization and reorganization, but these may not be transferred from the Department of Justice to the Bureau.
History —July 13, 1978, No. 38, p. 491, § 11, retroactive to July 1, 1978.
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) › § 138k - Inspection of records

The Bureau shall have access to the files and records of the government agencies, within the limits recommended by the Secretary and approved by the Governor. The Bureau shall not have access to the Governor’s files and these may not be inspected unless the Governor personally expressly authorizes it.
History —July 13, 1978, No. 38, p. 491, § 12, retroactive to July 1, 1978.
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) › § 138l - Inspection of records—Access to information

The information under custody of the Bureau, gathered for law enforcement purposes, may be subject to examination by any citizen, provided, that in doing so:
(a) He does not interfere with law enforcement procedures;
(b) he does not deprive a person of the right to a fair trial or to an impartial sentence;
(c) it does not constitute an unjustified invasion of privacy;
(d) he does not reveal the identity of a confidential source;
(e) he does not reveal investigative techiques or procedures;
(f) he does not endanger the life or physical safety of law enforcement personnel or witnesses.
Only the Director, with the approval of the Secretary or the Governor, may authorize the release of information related to the functions, operations or activities of this Bureau. Any employee, functionary or official, or person, who by carelessness or omission, or deliberately, offers information, gives publicity to, or publicly comments on any action, activity, investigation or official act of this Bureau, shall be guilty of a felony and upon conviction shall be punished by imprisonment for a fixed term of three (3) years. If there are aggravating circumstances the term may be increased up to a maximum of five (5) years; if there are extenuating circumstances the term may be reduced to a minimum of two (2) years.
History —July 13, 1978, No. 38, p. 491, § 13; Sept. 23, 1983, No. 24, p. 417, § 1.
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) › § 138ll - Inspection of records—Denial of access; right of petitioner

Any person who is denied access to the information requested may appear before the Court of First Instance of Puerto Rico.
(a) The court, by petition of the affected party, shall order the Secretary of Justice, or the person designated by him, to submit a list, under oath, of all the documents in the Special Investigations Bureau that have been compiled and are pertinent to the petitioner’s request.
(b) The Secretary, or the person designated by him, shall specify which documents, in his judgment, should not be revealed, stating his reasons for it. The court may order the Secretary to produce them for inspection by the judge with the exclusion of the parties and their lawyer.
(c) Once examined, the court shall order the Secretary to hand over copies of the documents or papers on which there is no objections, or of those which, in spite of the objection, the court deems that they are not protected by the exclusionary criteria established in § 138 l of this title.
In any case, the court shall have ample discretion to regulate and direct these proceedings in such a manner as to guarantee that persons who are alien to the judicial functions shall not have access to those documents, if any, that should not be disclosed.
History —July 13, 1978, No. 38, p. 491, added as § 13A on Sept. 23, 1983, No. 24, p. 417, § 2.
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) › § 138m - Infringement of powers; penalties

Any person who uses or orders the use of any of the powers conferred by §§ 138—138r of this title to the Bureau for political-partisan purposes or for private interests of any sort, or for any other purposes contrary to the objectives of §§ 138—138r of this title shall incur a third degree felony.
History —July 13, 1978, No. 38, p. 491, § 14; Sept. 15, 2004, No. 298, § 1.
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) › § 138n - Purchases and budget

The Bureau shall not be subject to the provisions of Act No. 96 of June 29, 1954, as amended, known as the “Procurement and Service Act” and to paragraphs (C), (D) and (E) of subsection (1) of § 32A of Act No. 213 of May 12, 1942, as amended, known as the “Puerto Rico Planning and Budget Act”.
History —July 13, 1978, No. 38, p. 491, § 15, retroactive to July 1, 1978.
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) › § 138o - Use of funds

The funds for the functioning of the Bureau shall be directly assigned to this body and shall be used according to the directives of the Secretary, who shall keep detailed reports of such. Copies of reports shall be remitted biannually to the Legislature through their Presidents, who shall submit them to the respective Treasury Commissions. The Commissions will study the reports and take pertinent action. The Secretary shall be responsible to the Governor for the use and handling of the assigned funds. The Secretary or the Director shall appear annually before the respective Treasury Commissions of the Legislature to discuss the Bureau’s proposed budget.
History —July 13, 1978, No. 38, p. 491, § 16, retroactive to July 1, 1978.
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) › § 138p - Prosecution

In all those cases in which the Bureau deems there is cause to criminally prosecute or take any other action, the Director, his legal representative or the person in charge of the investigation, shall file the corresponding action before the courts.
History —July 13, 1978, No. 38, p. 491, § 17, retroactive to July 1, 1978.
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) › § 138q - Exclusive and concurrent jurisdiction; cooperation and coordination

In any investigation initiated, or to be initiated by another agency, that falls within the framework of the powers and functions of §§ 138—138r of this title, the Bureau shall have concurrent jurisdiction, except as provided in § 138c(15) of this title. The Bureau shall cooperate with all the agencies in charge of the administration of criminal justice in the United States and Puerto Rico. The functions assigned to the Bureau by §§ 138—138r of this title do not limit the functions of the Police of Puerto Rico, nor those of any other body whose function is to enforce the laws.
The Bureau shall have exclusive investigative jurisdiction under the powers granted to it through §§ 138—138r of this title, in those cases in which the Governor so determines.
History —July 13, 1978, No. 38, p. 491, § 18, retroactive to July 1, 1978.
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) › § 138r - Transfers

All employed personnel and budgetary appropriations and resources or their residuals, as well as the files, equipment and property which are being used, or have been assigned to be used in connection with the functions, faculties and duties conferred by Act No. 52 of May 29, 1970, and Act No. 200 of July 23, 1974, are hereby transferred to the Bureau.
The transferred personnel shall retain all the rights they had acquired under the personnel acts and regulations when the transfer took place as well as the rights, privileges, obligations and status in connection with any existing pension, retirement, or savings and loan fund systems to which they were affiliated when this act was approved.
History —July 13, 1978, No. 38, p. 491, § 19, retroactive to July 1, 1978.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter II - The School (§§ 143c — 144) › § 143c - Definition and composition

The school is the functional unit of the Public Education System of Puerto Rico. It is composed [of]:
(a) The students.
(b) The academic staff, composed of the teachers, the professional teaching support personnel and the school director.
(c) The administrative staff, composed of the administrative officials and the office and maintenance employees of the school.
(d) The external component, constituted by the parents of the students and representatives of the community served by the school.
History —July 15, 1999, No. 149, § 2.01.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter II - The School (§§ 143c — 144) › § 143d - Classification

The schools are classified according to the level of the courses they offer, that is, as elementary schools, junior high schools, high schools and postsecondary schools. High schools may offer regular and vocational programs and postsecondary or specialized vocational programs. The postsecondary schools are technological schools that offer academic, vocational, technical and advanced skills programs at university and non-university levels. The schools shall be classified according to a system of categories based on the level of the courses offered, the nature of their programs and the size of their enrollment and shall be administered by directors with equivalent categories.
History —July 15, 1999, No. 149, § 2.02.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter II - The School (§§ 143c — 144) › § 143d-1 - Municipal schools

The schools created by a municipality pursuant to §§ 4001 et seq. of Title 21, known as the “Commonwealth of Puerto Rico Autonomous Municipalities Act”, shall have their own ordinance. It shall consist of an Education Code approved by the Municipal Legislature of its jurisdiction and the norms on organization and operation of schools set forth by the Governing Board of the municipal education system. Municipal schools are out of the jurisdictional scope of the Department of Education and its Secretary.
History —July 15, 1999, No. 149, added as § 2.02(A) on July 20, 2009, No. 40, § 5.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter II - The School (§§ 143c — 144) › § 143e - Function

(a) The schools shall focus the efforts of their components and channel the former to achieve what the Constitution and the Statement of Purpose, classified as a purpose note under § 143a of this title, set forth as the purposes of the Public Education System of Puerto Rico.
(b) The schools shall also constitute a center of continuous activity throughout the year where shall be held orientation and community service activities and programs in collaboration with the Department of the Family, the Department of Health, the Environmental Quality Board, the Agricultural Extension Service and the Puerto Rico Police, among other entities. The school directors shall give non-transferable priority to ensuring that the schools comply with their community function.
(c) The schools shall be responsible for retaining their students and for the excellence of their academic courses.
History —July 15, 1999, No. 149, § 2.03.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter II - The School (§§ 143c — 144) › § 143f - Autonomy

The schools shall operate under the autonomy granted by §§ 143a—146f of this title in all academic, fiscal and administrative matters. To that effect:
They shall establish their institutional priorities and:
(a) Select their teaching personnel according to the provisions of §§ 144t, 144u and 145w of this title, the provisions of §§ 260 et seq. of Title 18, concerning the certification of teachers, §§ 214 et seq. of Title 18, regarding teacher tenure, and to the applicable federal laws and regulations.
(b) Adopt regulations for their administration.
(c) Adapt their study programs to the needs and interests of their students.
(d) Experiment with new organizational techniques and new teaching methods.
(e) Organize activities to promote the professional improvement of their teachers and the teaching support personnel.
(f) Organize activities to complement the teaching process on behalf of their students and the communities they serve.
(g) Establish incentives to promote educational excellence in the schools.
(h) Maintain recreational, sports and cultural programs in order to discover and enhance the special talents of their students.
(i) Provide school cafeteria services for their students.
(j) Execute contracts for the maintenance and vigilance of the schools, among others.
(k) Prepare and administer their budgets.
(l) Purchase books, equipment, materials, supplies and services for the school according to their own regulations and the standards and procedures established for that purpose by the Secretary.
(m) Maintain records and files of the students and the personnel and in the case of transfers, remit these to the concerned school.
(n) Care for their land, facilities and equipment.
(o) Foster activities for the parents to participate in the educational process of their children.
(p) Accept donations from private individuals.
(q) Draft all reports as required by the Secretary.
(r) Perform any other functions that will render the educational endeavor of the school more effective.
(s) Assign adequate classrooms and facilities for the regular, physical education courses.
History —July 15, 1999, No. 149, § 2.04; Aug. 10, 2000, No. 146, § 2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter II - The School (§§ 143c — 144) › § 143g - Budgetary savings

The schools shall retain their budgetary savings, although with the prior authorization of their school councils, they may use these savings for the purposes established in §§ 143a—146f of this title, as well as to open investment accounts that generate assets. Said savings may not be kept in detriment to the services rendered to the students and the community.
History —July 15, 1999, No. 149, § 2.05.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter II - The School (§§ 143c — 144) › § 143h - Sale of agricultural products, works of art, movable goods

The schools attached to the agricultural education program, or programs specialized in agriculture shall retain sixty percent (60%) of the total proceeds of their sales in their bank accounts and may use them to improve the agricultural projects conducted in the school farms and for other purposes consonant with §§ 143a—146f of this title, with the prior authorization of the School Council.
The schools with specialized programs in visual arts shall hold an open activity for the community and the public in general annually that, among other aspects, provides for the sale of the works in visual arts produced by the students, and which result in works of art.
Furthermore, the sale of products, movable goods, works, and activities generated, designed, or created by students in other schools with specialized programs, as well as vocational, technical, or sports schools, is hereby authorized.
Every student subject to §§ 143a—146f of this title, shall receive basic training in business administration and marketing corresponding to their area of studies.
With the exception of what is established in the first paragraph of this section, the product of the sales, shall be primarily destined for the benefit of the students or, with the expressed consent of the students and their parents, shall be used for the purchase of materials needed for the artistic creation and exhibition in the visual arts schools; or to generate, produce, or create the products, movable goods, works, and activities in the vocational, technical, and sports schools, pursuant to the approved regulations.
The Director and the School Council of the respective schools are hereby authorized to jointly approve the rules and regulations for the implementation of this section.
History —July 15, 1999, No. 149, § 2.06; Aug. 25, 2000, No. 202, § 1; Nov. 30, 2006, No. 257, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter II - The School (§§ 143c — 144) › § 143i - Service contracts with outside sources

The schools may enter into service contracts with outside sources when said services cannot be obtained from within the System or in cases of extreme need. The directors shall execute said contracts in strict compliance with the regulations and standards in effect at the Department and in lack thereof, with the regulations and standards applicable to government entities.
History —July 15, 1999, No. 149, § 2.07.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter II - The School (§§ 143c — 144) › § 143j - The schools; general standards for their administration

The operating autonomy that §§ 143a—146f of this title grant the schools does not hinder the Secretary [from] exercising his/her power to promulgate general standards for the administration of the Public Education System. Neither does it exempt him/her from the obligation of ensuring that the sense of unity and purpose of the System as a whole is broken [sic]. To that end, the Secretary shall implement the standards set forth in § 145f of this title, as well as the regulations and standards related to the administration of the schools.
History —July 15, 1999, No. 149, § 2.08.