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What it is

Bill would raise penalties for reckless driving and hit-and-run

BOE step 7 of 7 · Passed

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 22 June 2017. Introduced by: Grupo Parlamentario Popular en el Congreso.

Official title: Private member's bill for an Organic Law amending Organic Law 10/1995, of 23 November, on the Penal Code, regarding negligence in the driving of motor vehicles or mopeds and the sanction for leaving the scene of an accident.

Source: Congreso de los Diputados, file 122/000114· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill states that driving under the circumstances listed in Article 379 of the Criminal Code, such as being under the influence of drugs or alcohol or speeding, is always reckless driving when it causes the accident. It also clarifies when less serious negligence applies.
  2. Two new articles, 142 bis and 152 bis, would increase penalties when there are several victims. The judge could raise the penalty one degree if two or more people die or there are serious injuries, and two degrees if the number of deaths or injuries is very high.
  3. The bill would punish drivers who leave the scene of an accident knowing they are leaving behind injured or dead people. The penalty would be prison and loss of the driving license, with different lengths depending on whether the accident came from negligent driving or was accidental.
  4. The law would take effect the day after its publication in the Official State Gazette (Boletín Oficial del Estado).

Words worth knowing

Ley Orgánica (Organic Law)
A type of Spanish law reserved for major matters, such as the Criminal Code, requiring special majorities to pass.
Imprudencia grave (serious negligence)
Causing harm by failing to take due care, in a highly negligent way.
Ciclomotor (moped)
A small motor vehicle, less powerful than a motorcycle.
Privación del derecho a conducir (loss of driving rights)
A penalty that bans driving for the period set by the judge.
Omisión del deber de socorro (failure to rescue)
The crime of not helping someone in danger when you have a duty to do so.

It summarizes the text passed by the full Congreso. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced22 June 2017Someone registers the text in the Congreso.
  2. Admitted27 June 2017The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments22 September 2017Groups propose changes.
  4. Committee7 March 2018A committee goes through the text in detail.
  5. Plenary20 November 2018All 350 deputies vote.
  6. Senate22 November 2018The Senate can pass it, amend it or veto it.
  7. BOE20 February 2019It is published in the Official State Gazette (BOE) and comes into force.
See the 13 official steps on a timeline
Jun 2017Sept 2017Dec 2017Mar 2018Jun 2018Sept 2018Dec 201811. 22 June 2017: Presentación22. 27 June 2017: Boletín Oficial de las Cortes Generales Publicación desde 27/06/2017 hasta 30/06/201733. 27 June 2017: Calificación44. 30 June 2017: Gobierno Contestación desde 30/06/2017 hasta 04/09/201755. 4 September 2017: Pleno Toma en consideración desde 04/09/2017 hasta 12/09/201766. 12 September 2017: Mesa del Congreso Acuerdo subsiguiente a la toma en consideración desde 12/09/2017 hasta 19/09/201777. 19 September 2017: Comisión de Justicia Publicación desde 19/09/2017 hasta 22/09/201788. 22 September 2017: Comisión de Justicia Enmiendas desde 22/09/2017 hasta 07/03/201899. 7 March 2018: Comisión de Justicia Informe desde 07/03/2018 hasta 30/10/20181010. 30 October 2018: Comisión de Justicia Dictamen desde 30/10/2018 hasta 20/11/20181111. 20 November 2018: Pleno Aprobación desde 20/11/2018 hasta 22/11/20181212. 22 November 2018: Senado desde 22/11/2018 hasta 20/02/20191313. 20 February 2019: Concluido - (Aprobado con modificaciones) desde 20/02/2019 hasta 13/03/2019

22 November 2018

How did the plenary vote?

More votes in favour 274 yes · 65 no · 2 abst.

Voted on: Overall vote on the Private member's bill for an Organic Law amending Organic Law 10/1995, of November 23, on the Penal Code, on negligence in the driving of motor vehicles or mopeds and sanction for leaving the scene of an accident, given its organic nature.

This law had 8 votes; this is the latest with every deputy’s vote. See them all

Source: Congreso de los Diputados, vote 13 of sitting 161· updated 10 Nov

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Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Socialista, Vasco (EAJ-PNV), Mixto, Ciudadanos, GER and Popular en el Congreso. Against, most of Gcup-ec-em. 2 deputies voted differently from their group.

By province: in 52 most voted in favour; in 0, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 52
  • Against: 0
Result by parliamentary group
GroupSeatsHow it voted
Socialista84
84 in favour
Vasco (EAJ-PNV)5
4 in favour · 1 did not vote
Mixto19
14 in favour · 2 abst. · 3 did not vote
Ciudadanos32
32 in favour
Gcup-ec-em67
65 against · 2 did not vote
GER9
9 in favour
Popular en el Congreso134
131 in favour · 3 did not vote

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

The same initiative in the other chamber:

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.