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What it is

Bill would make prison officers agents of the authority

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 19 September 2019. Introduced by: Grupo Parlamentario Popular.

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 122/000052· updated 11 Nov

Automatic summary, not yet reviewed

  1. The Popular Party presents a bill to amend the General Penitentiary Law. The Bureau of the Congress has admitted it for processing, but it is not an approved law.
  2. The bill would make prison officers agents of the authority for all legal purposes. Their reports would be presumed truthful, and if they suffer an attack (atentado), they would be protected as authority, just like the State law enforcement forces.
  3. A new section would be added so that, if a prison officer serves a sentence in an ordinary prison, they would be kept apart from other inmates. Separation would also be guaranteed if they are detained or transferred under custody.
  4. The rule is issued as an 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. and would take effect the day after its publication in the Official State Gazette.

Who it affects

  • Prison officers: They would be recognized as agents of the authority and would get stronger criminal protection and separation measures if they serve a sentence.
  • Prison inmates: They would live with officers whose authority is reinforced by law.
  • Penitentiary administration: It would have to apply the new status and the new staff protection measures.

Words worth knowing

Agente de la autoridad
A person the law gives power to enforce public orders, like a police officer. Attacking them carries a harsher criminal penalty.
Presunción de veracidad
What the officer writes in their reports is taken as true unless someone proves otherwise.
Ley orgánica (organic law)
A type of Spanish law reserved for major matters, requiring a special vote in the Congress.
Delito de atentado
The crime of attacking or resisting an agent of the authority while they perform their duties.
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. Introduced19 September 2019Someone registers the text in the Congreso.
  2. Admitted23 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 2019Oct 2019Oct 201911. 19 September 2019: Presentación22. 23 September 2019: Mesa del Congreso Requerimiento de antecedentes desde 23/09/2019 hasta 24/09/201933. 23 September 2019: Boletín Oficial de las Cortes Generales Publicación desde 23/09/2019 hasta 24/09/201944. 23 September 2019: Calificación55. 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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