Senate amends the “Law for the Prevention and Intervention with Domestic Violence”
By John McPhaul
jpmchaul@gmail.com
As part of the work of the Fourth Ordinary Session, the Senate approved Senate Bill 731 of the Vice President of the Senate, Marially González, which amends the “Law for the Prevention and Intervention with Domestic Violence” to eliminate the statute of limitations for the crime of conjugal sexual assault when the victim is under 18 years of age and the accused is over 18 years of age at the time of the commission of the crime.
“In relationships, the vulnerability of victims and the silence they keep can be greater than in circumstances where there is no affection. It is urgent that these people be protected for when they decide to speak, they are protected by the special law that shelters them. The proposed amendment is necessary, because it is well known that, in our legal system, the application of penalties and the creation of crimes by analogy is prohibited, as established by the principle of legality, “cites the measure in its explanatory statement.
Likewise, Senate Bill 817 was approved to amend the “Puerto Rico Vehicle and Traffic Law” in order to require the allegation of recidivism in the complaint for drunk driving. Likewise, Senate Bill 891 that proposes to integrate a new article to the Vehicle and Traffic Law of Puerto Rico, with the purpose of clarifying that people who request the permit under this article will only be obliged to prove their permanent physical condition the first time they request the permit.
Also, Senate Bill 846 of the President of the Senate, José Luis Dalmau Santiago, was approved to amend the same Law in order to eliminate the discretion of the granting of infractions not provided for by this Law.
“It is necessary that any infraction and subsequent sanction with a fine be explicit in the text of the Law or in the Promulgated Regulations, not that it falls on the discretion of a person,” the measure reads. Also, RCS289 was approved, which orders the Department of Transportation and Public Works and the Highway and Transportation Authority to carry out all the necessary steps to achieve the labeling of all primary, secondary and tertiary roads in Puerto Rico for the benefit of all drivers.
On the other hand, Senate Resolution 364 of the Senator of the Citizen Victory Movement, Ana Irma Rivera Lassén, was approved to investigate compliance with the Minimum Wage, Vacation and Sick Leave Law of Puerto Rico for the granting of sick leave by the agencies, instrumentalities and corporations to which the provisions of this Law are applicable.
“On October 21, 2021, the Committee on Human Rights and Labor Affairs held a public hearing with the purpose of collecting input on Senate Bill 489. In it, complaints arose of the continuous denial of sick leave by employers, using as a basis that the worker has exhausted another type of leave, such as maternity leave. During the public hearing, the deponents, particularly working mothers, emphasized the urgent need to retrain the officials, supervisors and directors of the agencies of the Government of Puerto Rico on the use and granting of sick leave and any other license to which they are entitled,” the bil states.