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What it is

Proposal to make prison officers agents of the authority

Amendments step 3 of 7· Lapsed

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 21 March 2024. Introduced by: Grupo Parlamentario Popular en el Congreso.

Official title: Private Member's Organic Bill to amend Organic Law 1/1979, of September 26, General Penitentiary, to recognize the status of agents of the authority to prison officers in the exercise of their duties.

Source: Congreso de los Diputados, file 122/000081· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would amend Article 80 of the General Penitentiary Law to recognize prison officers as agents of the authority for all legal purposes. They could identify themselves with their professional registration number, and their reports would be presumed true unless proven otherwise.
  2. If someone commits the crime of assault endangering the physical integrity of an officer on duty, the officer would be treated as an authority for criminal protection purposes, the same as members of the state security forces.
  3. A new fifth paragraph would guarantee that prison officers are held separately from other detainees if they are detained, and from other inmates if they are imprisoned or transferred under custody.
  4. The explanatory statement justifies the reform by the assaults on prison officers, which the text puts at 508 in 2023, and because no law currently grants them the status of agents of the authority.

Who it affects

  • Prison corps officers: They would be recognized as agents of the authority, with greater criminal protection and separation measures if they serve prison sentences.
  • People held in prisons: They would live with officers whose authority would have stronger legal backing.
  • Penitentiary administration: It would have to apply the regulatory changes affecting its staff.

Words worth knowing

Agente de la autoridad (agent of the authority)
A person the law allows to act on behalf of public authority, such as a police officer. Assaulting them carries stronger criminal protection.
Presunción de veracidad (presumption of truthfulness)
What the officer states in their reports is taken as true unless someone proves otherwise.
Delito de atentado (crime of assault on authority)
A crime consisting of attacking or intimidating an authority or public officer while performing their duties.
Proposición de Ley Orgánica (Organic Law bill)
A text submitted to the Congress of Deputies to amend a special law, not yet approved.

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 lapsed.

  1. Introduced21 March 2024Someone registers the text in the Congreso.
  2. Admitted2 April 2024The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments29 November 2024Groups 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 2024Dec 202511. 21 March 2024: Presentación22. 2 April 2024: Boletín Oficial de las Cortes Generales Publicación desde 02/04/2024 hasta 05/04/202433. 2 April 2024: Calificación44. 5 April 2024: Gobierno Contestación desde 05/04/2024 hasta 14/05/202455. 14 May 2024: Pleno Toma en consideración desde 14/05/2024 hasta 19/11/202466. 19 November 2024: Mesa del Congreso Acuerdo subsiguiente a la toma en consideración desde 19/11/2024 hasta 26/11/202477. 26 November 2024: Comisión de Interior Publicación desde 26/11/2024 hasta 29/11/202488. 29 November 2024: Comisión de Interior Enmiendas desde 29/11/2024 hasta 06/10/202699. 6 October 2026: Concluido - (Caducado) desde 06/10/2026 hasta 04/11/2026

19 November 2024

How did the plenary vote?

More votes in favour 295 yes · 40 no · 11 abst.

Voted on: Private member's bill by the Popular Parliamentary Group in the Congress, Organic bill amending Organic Law 1/1979, of September 26, General Penitentiary, for the recognition of the status of law enforcement officers to prison service officials in the exercise of their functions.

Source: Congreso de los Diputados, vote 2 of sitting 77· 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), Popular en el Congreso and VOX. Against, most of Euskal Herria Bildu, Plurinacional SUMAR and Republicano. 3 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 Bildu6
6 against
Plurinacional SUMAR27
26 against · 1 did not vote
Republicano7
7 against
Socialista120
119 in favour · 1 did not vote
Vasco (EAJ-PNV)5
5 in favour
Junts per Catalunya7
7 abst.
Mixto8
2 in favour · 1 against · 4 abst. · 1 did not vote
Popular en el Congreso137
136 in favour · 1 did not vote
VOX33
33 in favour

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.

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 never say “passed” because of a vote: the files do not say which majority was needed.