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What it is

Bill would allow garnishing wages below minimum wage for intentional crimes

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 26 November 2020. Introduced by: Grupo Parlamentario VOX.

Official title: Private member's bill to reform Law 1/2000, of January 7, on Civil Procedure, to strengthen the compensation guarantees for victims of intentional crimes.

Follow this law

Source: Congreso de los Diputados, file 122/000107· updated 11 Nov

Automatic summary, not yet reviewed

  1. Current law says that a salary, wage or pension that does not exceed the minimum wage cannot be garnished. The bill explains that this rule protects people with ordinary debts, but it also benefits those held civilly liable for intentional crimes.
  2. The law already allows garnishing part of a salary, even below the minimum wage, when child or spousal support is owed. The bill wants victims of intentional crimes to get that same preferential treatment.
  3. The bill would amend Article 608 of the Civil Procedure Act. When a court orders compensation for an intentional crime, the judge would set how much can be garnished from the salary, even below the minimum wage, weighing the harm done and the victims' situation.
  4. If passed, the law would take effect the day after its publication in the Official State Gazette (Boletín Oficial del Estado).

Who it affects

  • Victims of intentional crimes and their relatives: They would collect compensation sooner, because part of the liable person's salary could be garnished even below the minimum wage.
  • People held civilly liable for an intentional crime: Part of their salary or pension could be garnished, even below the minimum wage.
  • Judges and courts: They would have to set the garnishable amount in these cases, weighing the harm and the victims' situation.

Words worth knowing

Delito doloso
An intentional crime, committed on purpose, knowing it is illegal and wanting to do it.
Responsabilidad civil
Civil liability: the duty to pay the victim, by returning property, repairing damage or paying compensation.
Inembargable
Exempt from garnishment, meaning it cannot be taken to pay a debt.
Salario mínimo interprofesional (SMI)
The minimum wage set by law in Spain. In 2020 it was €950 per month over 14 payments.
Prestación alimenticia
Support payments one person must make for another's upkeep, for example for children after a divorce.

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. Introduced26 November 2020Someone registers the text in the Congreso.
  2. Admitted30 November 2020The 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 6 official steps on a timeline
Dec 2020Dec 2021Dec 202211. 26 November 2020: Presentación22. 30 November 2020: Boletín Oficial de las Cortes Generales Publicación desde 30/11/2020 hasta 04/12/202033. 30 November 2020: Calificación44. 4 December 2020: Gobierno Contestación desde 04/12/2020 hasta 15/02/202155. 15 February 2021: Pleno Toma en consideración desde 15/02/2021 hasta 30/05/202366. 30 May 2023: Concluido - (Caducado) desde 30/05/2023 hasta 16/06/2023

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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