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What it is

Bill to make prison officers agents of the authority

Amendments step 3 of 7 · Unfinished

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 24 July 2020. Introduced by: Grupo Parlamentario Socialista.

Official title: Organic Private member's bill to amend Article 80 of Organic Act 1/1979, of 26 September, General Penitentiary Act, to recognize, for legal purposes, the status of agents of the authority for staff of the Penitentiary Institutions.

Source: Congreso de los Diputados, file 122/000075· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would give prison officers of the Penitentiary Institutions the legal status of agents of the authority. They could identify themselves with their professional registration number in administrative and judicial proceedings.
  2. In disciplinary proceedings, reports by officers who witnessed the events would be enough to decide the case, unless there is evidence to the contrary.
  3. The Administration would have to compensate prison officers for personal or material damage suffered on duty, if there was no serious intent, negligence or lack of skill on their part.
  4. If a prison officer is arrested or sent to prison, they would be kept separate from other inmates to protect their physical safety.

Who it affects

  • Prison officers of Penitentiary Institutions: Would be recognized as agents of the authority and could claim compensation for damage suffered on duty.
  • The Prison Administration: Would have to compensate officers for damage caused without serious intent, negligence or lack of skill.
  • Inmates facing disciplinary proceedings: Reports from officers who witnessed the events would carry more weight in disciplinary cases.

Words worth knowing

Agente de la autoridad
Agent of the authority: a public official acting for the Administration whose orders must be obeyed, like a police officer.
Principio de indemnidad
Principle of indemnity: the officer should not pay out of pocket for damage suffered while doing their job, if they acted without intent or negligence.
Dolo
Intent: acting deliberately, meaning to cause harm.
Impericia
Serious lack of skill or knowledge in one's own work.
Expediente disciplinario
Disciplinary proceeding: a process to sanction an official who failed to meet their duties.

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 3 of 7 steps. It reached Amendments, and today it is unfinished.

  1. Introduced24 July 2020Someone registers the text in the Congreso.
  2. Admitted2 September 2020The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments5 April 2022Groups 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 9 official steps on a timeline
Dec 2020Dec 2021Dec 202211. 24 July 2020: Presentación22. 2 September 2020: Boletín Oficial de las Cortes Generales Publicación desde 02/09/2020 hasta 07/09/202033. 2 September 2020: Calificación44. 7 September 2020: Gobierno Contestación desde 07/09/2020 hasta 07/09/202055. 7 September 2020: Pleno Toma en consideración desde 07/09/2020 hasta 24/03/202266. 24 March 2022: Mesa del Congreso Acuerdo subsiguiente a la toma en consideración desde 24/03/2022 hasta 30/03/202277. 30 March 2022: Comisión de Interior Publicación desde 30/03/2022 hasta 05/04/202288. 5 April 2022: Comisión de Interior Enmiendas desde 05/04/2022 hasta 30/05/202399. 30 May 2023: Concluido - (Caducado) desde 30/05/2023 hasta 16/06/2023

24 March 2022

How did the plenary vote?

More votes in favour 315 yes · 24 no · 1 abst.

Voted on: Private member's bill from the Socialist Parliamentary Group, amending Article 80 of Organic Law 1/1979, of 26 September, General Penitentiary, to recognize, for legal purposes, the status of agents of the authority to the officials of the Penitentiary Institutions (Organic).

Source: Congreso de los Diputados, vote 2 of sitting 165· 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, Gcup-ec-gc, GPlu, Popular en el Congreso and VOX. Against, most of Euskal Herria Bildu and Republicano. 7 deputies voted differently from their group.

By province: in 51 most voted in favour; in 0, against.

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

  • In favour: 51
  • Against: 0
  • Tie: 1
Result by parliamentary group
GroupSeatsHow it voted
Euskal Herria Bildu5
5 against
Republicano13
13 against
Socialista120
118 in favour · 2 did not vote
Vasco (EAJ-PNV)6
6 in favour
Mixto11
7 in favour · 3 against · 1 did not vote
Ciudadanos9
9 in favour
Gcup-ec-gc33
31 in favour · 1 against · 1 did not vote
GPlu12
9 in favour · 2 against · 1 abst.
Popular en el Congreso88
84 in favour · 4 did not vote
VOX52
51 in favour · 1 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 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.