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What it is

Bill to make prison officers agents of the authority

Committee step 4 of 7 · Unfinished

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 11 April 2018. Introduced by: Grupo Parlamentario Popular en el Congreso.

Official title: Private member's bill for an Organic Law amending Organic Law 1/1979, of 26 September, General Penitentiary, for the recognition of the status of Agents of the Authority to prison officers in the exercise of their functions.

Follow this law

Source: Congreso de los Diputados, file 122/000219· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would recognize prison officers as agents of the authority when performing their duties. Currently no law grants them that status, unlike members of the State Law Enforcement Corps.
  2. It would amend Article 80 of the General Penitentiary Law so that prison officers are agents of the authority for all legal purposes. Their reports would enjoy a presumption of truthfulness, meaning they are taken as true unless proven otherwise.
  3. If someone commits the crime of assault against them and seriously endangers their physical integrity, the officers would be considered authority for criminal protection purposes, the same as members of the State Law Enforcement Corps.
  4. It would add a new fifth paragraph to Article 80: if a prison officer serves a sentence in an ordinary prison, they would be held separately from other inmates to protect their physical integrity.

Who it affects

  • Prison corps officers: They would become agents of the authority for all legal purposes and gain greater criminal protection.
  • Inmates and prisoners: They could face assault charges if they seriously attack an officer on the job.
  • Penitentiary administration: It would have to hold imprisoned officers separately from other inmates.

Words worth knowing

Agente de la autoridad (agent of the authority)
A person with public power to enforce the law, such as a police officer. Attacking them carries harsher penalties.
Presunción de veracidad (presumption of truthfulness)
Their reports are considered true for legal purposes unless proven otherwise.
Delito de atentado (crime of assault on authority)
Using violence against or resisting an authority or its agents while they perform their duties.
Proposición de Ley Orgánica (Organic Law bill)
A text submitted to the Congress to amend a special law; it is not yet passed or in force.

It summarizes the text as it was introduced. 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 4 of 7 steps. It reached Committee, and today it is unfinished.

  1. Introduced11 April 2018Someone registers the text in the Congreso.
  2. Admitted17 April 2018The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments29 June 2018Groups propose changes.
  4. Committee14 November 2018A committee goes through the text in detail.
  5. Plenarynot reachedAll 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 10 official steps on a timeline
Jun 2018Sept 2018Dec 201811. 11 April 2018: Presentación22. 17 April 2018: Boletín Oficial de las Cortes Generales Publicación desde 17/04/2018 hasta 20/04/201833. 17 April 2018: Calificación44. 20 April 2018: Gobierno Contestación desde 20/04/2018 hasta 30/05/201855. 30 May 2018: Pleno Toma en consideración desde 30/05/2018 hasta 19/06/201866. 19 June 2018: Mesa del Congreso Acuerdo subsiguiente a la toma en consideración desde 19/06/2018 hasta 26/06/201877. 26 June 2018: Comisión de Interior Publicación desde 26/06/2018 hasta 29/06/201888. 29 June 2018: Comisión de Interior Enmiendas desde 29/06/2018 hasta 14/11/201899. 14 November 2018: Comisión de Interior Informe desde 14/11/2018 hasta 05/03/20191010. 5 March 2019: Concluido - (Caducado) desde 05/03/2019 hasta 27/03/2019

19 June 2018

How did the plenary vote?

More votes in favour 254 yes · 73 no · 17 abst.

Voted on: Private member's organic bill by the Popular Parliamentary Group in the Congress, to amend Organic Law 1/1979, of 26 September, General Penitentiary, for the recognition of the status of Agents of the Authority to officers of penitentiary bodies in the exercise of their functions.

Source: Congreso de los Diputados, vote 4 of sitting 124· 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), Ciudadanos, Sin grupo and Popular en el Congreso. Against, most of Gcup-ec-em. 11 deputies voted differently from their group.

By province: in 48 most voted in favour; in 0, against.

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

  • In favour: 48
  • Against: 0
  • Abstained: 2
  • Tie: 2
Result by parliamentary group
GroupSeatsHow it voted
Socialista82
82 in favour
Vasco (EAJ-PNV)5
5 in favour
Mixto19
5 in favour · 6 against · 8 abst.
Ciudadanos32
32 in favour
Gcup-ec-em67
67 against
GER9
9 abst.
Sin grupo1
1 in favour
Popular en el Congreso134
129 in favour · 5 did not vote

What happens next

What happens now?

The legislature ended before it finished. To go on, someone would have to introduce it again in the new Cortes.

It was presented again:

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.

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