Senator urges criminal liability against public officials who ignore legal mandates
By THE STAR STAFF
Independent Sen. Joanne M. Rodríguez Veve introduced new legislation this week aimed at restoring criminal liability for public officials who intentionally fail to comply with legal mandates, even when their actions do not result in the loss of public funds or damage to government property.
The measure, Senate Bill 1504, seeks to amend Articles 262 and 263 of Puerto Rico’s Penal Code and Article 4.2 of the Organic Law of the Office of Government Ethics. Under current law, an official can ignore a statutory obligation without facing criminal consequences unless the omission causes financial loss or harm to public assets -- a standard established in the 2004 Penal Code and maintained in subsequent revisions.
Rodríguez Veve said the measure would return Puerto Rico to the legal framework that existed prior to 2004, when voluntary omission or negligence in fulfilling duties imposed by law or regulation constituted a punishable offense on its own.
“Right now, in Puerto Rico, as long as there is no direct financial impact, a public official can ignore a legal mandate, and nothing happens,” the senator said. “This bill corrects that anomaly and aligns Puerto Rico with the norm in the rest of the United States, so that the mere failure or negligence in complying with a legal duty can constitute a crime. The message is simple: complying with the law cannot be optional for those who swore to uphold it.”
The senator pointed to a recent investigation by the Office of the Comptroller into Law 140‑2014, which revealed that for more than a decade the trust required by the statute was never created, its board was never appointed, and not a single annual report was submitted to the Legislature. Despite the prolonged noncompliance, no criminal liability could be imposed because the funds remained untouched in an inactive account.
Rodríguez Veve emphasized that the bill targets deliberate misconduct, not good‑faith errors.
“This measure does not pursue the official who exercises discretion responsibly and makes a mistake. It pursues the one who knowingly decides to sit on their hands in the face of a legal duty,” she said. “The diligent public servant has nothing to fear from this law. Those who intentionally violate it do. That is the minimum guarantee Puerto Rico deserves: that the laws approved by its Legislative Assembly are followed by those who swore to enforce them.”
