P.R. Laws tit. 18, § 141d

2019-02-20 00:00:00+00
§ 141d. Powers and functions

The Corps shall have the following powers and duties under the direction of the Secretary:

(a) To protect the life and property of the school community.

(b) To protect and watch over the peace and public safety in the school buildings and grounds.

(c) To develop a system that guarantees the prevention and eradication of delinquent acts in and around the school grounds, through which priority shall be given to assigning the services of the Corps to those schools which have the most serious vandalism and criminality problems.

(d) To enforce compliance of all the laws of the Commonwealth of Puerto Rico related to the protection of life and property in Puerto Rico’s school buildings and grounds.

(e) In order to comply with the mandate of this chapter, the Corps members shall enforce the following provisions of the law without impairing other existing laws and regulations and the duties and powers of other law and order officers:

(1) To inform the corresponding authorities about violations of § 80 of Act June 30, 1969, No. 143 with regard to the issuing of licenses to retail alcoholic beverages in schools.

(2) To enforce the provisions of §§ 1-157, 5-702, 5-101 of Act July 20, 1960, No. 141.

(3) To ensure proper compliance of § 128 of this title, regarding the use of loudspeakers and amplifiers near school grounds.

(4) To ensure compliance with the barring of controlled substances within the school grounds pursuant to § 2411a of Title 24.

(5) To prevent the commission of the offenses established in Article 171 of the Penal Code of Puerto Rico and § 2091 of Title 33, which make reference to aggravated burglary and the prohibition of entering and remaining in school buildings and grounds without permission.

(6) To inform the corresponding authorities of violations to §§ 701 and 702 of Title 15, which regulate the distance between schools and electronic game establishments.

(7) To enforce and ensure compliance of the laws, regulations and norms of the Department of Education, under the supervision of the School Director.

(f) To enable them to carry out the duties they are charged with, the members of the Corps shall have the authority, under this chapter, to:

(1) Make arrests for attempted violations of the law pursuant to the provisions of subsections (d) and (e) of this section, when the attempt or violation is committed in or around the school and grounds and in the presence of members of the Corps, or those which are submitted to them through knowledge and belief in strict coordination with the Commonwealth Police.

(2) Issue summons for violations of the administrative laws of the Department.

(3) Execute search and arrest warrants issued by the Courts of Justice.

(4) Carry out searches related to violations of the laws mentioned in this chapter pursuant to the Rules of Criminal Procedure in effect, App. II of Title 34.

(5) Obtain and execute search warrants while carrying out the duties, functions and obligations provided in this chapter.

(6) Hold, confiscate and attach any material such as: controlled substances, weapons, motor and towing vehicles, alcoholic beverages or any equipment used in violation of the laws administered by the Department, or the specific laws related to the purposes of this chapter. All confiscations shall be carried out pursuant to the provisions of §§ 1 and 2 of Act June 4, 1960, No. 39.

(7) With respect to clauses (3), (4), (5) and (6) of this subsection, the Corps shall limit itself to those cases in which its members have personal knowledge of the existence of the objects to be confiscated, their nature and origin; and the search or confiscation is carried out in the school as determined by this chapter. Outside of these limits, these interventions shall be carried out by the Police Corps of Puerto Rico.

History —June 5, 1985, No. 26, p. 85, § 6, eff. July 1, 1985.