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What it is

Bill proposes tougher penalties for repeat petty thieves

Admitted step 2 of 7 · Unfinished

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 5 September 2019. Introduced by: Grupo Parlamentario Ciudadanos.

Official title: Private member's bill for an Organic Law on the fight against multiple recidivism in crime.

Follow this law

Source: Congreso de los Diputados, file 122/000043· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would change the repeat offense aggravating factor in the Criminal Code so that petty theft offenses could also count when assessing repeat offending, something the Supreme Court had blocked in its ruling 2497/2017.
  2. It would amend Article 235.1.7.º so that, if the three prior offenses are petty thefts, the penalty would be six to eighteen months, served in its upper half if petty and less serious offenses combine. It would also adjust Article 80 so those records count when deciding whether a prison sentence can be suspended.
  3. It would add a section 2 bis to Article 89 of the Criminal Code so that, in the expulsion cases covered by the immigration law, a prison sentence would always be replaced by expulsion from Spain.
  4. It would amend organic law A law on fundamental rights, the electoral system or other matters the Constitution reserves. It needs an absolute majority in the Congreso: 176 votes. 4/2000 on foreigners so that a foreigner who is in Spain irregularly and is convicted with the repeat offense aggravating factor would face automatic expulsion, with no prior proceedings. The law would take effect the day after its publication in the official state gazette (BOE).

Who it affects

  • People who commit thefts repeatedly: They would face prison terms of six to eighteen months even if their prior thefts were petty offenses.
  • Foreigners in Spain irregularly convicted of crimes with the repeat offense factor: They would be automatically expelled and serve their prison sentence through that expulsion.
  • Judges and courts: They would get new rules for assessing repeat offending, suspending sentences, and replacing them with expulsion.

Words worth knowing

Delito leve
A petty offense, one of low gravity, punished with light penalties such as a fine.
Reincidencia
Repeat offending: committing a new crime after a prior conviction for a similar one.
Agravante
A circumstance that makes a crime punishable with a harsher penalty.
Condena ejecutoria (o firme)
A final conviction that can no longer be appealed and must be served.
Proposición de Ley Orgánica
A proposal for an organic law, a special, more protected type of Spanish law, still pending debate and approval in Congress.
organic law
A law on fundamental rights, the electoral system or other matters the Constitution reserves. It needs an absolute majority in the Congreso: 176 votes.

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 2 of 7 steps. It reached Admitted, and today it is unfinished.

  1. Introduced5 September 2019Someone registers the text in the Congreso.
  2. Admitted10 September 2019The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsnot reachedGroups propose changes.
  4. Committeenot reachedA 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 5 official steps on a timeline
Sept 2019Sept 2019Sept 2019Sept 201911. 5 September 2019: Presentación22. 10 September 2019: Boletín Oficial de las Cortes Generales Publicación desde 10/09/2019 hasta 13/09/201933. 10 September 2019: Calificación44. 13 September 2019: Gobierno Contestación desde 13/09/2019 hasta 24/09/201955. 24 September 2019: Concluido - (Caducado) desde 24/09/2019 hasta 23/10/2019

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

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 has not been presented again yet.

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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