The provisions of §§ 376—387 of this title and the regulations approved for its administration shall apply to any person who, in carrying out his/her duties as a member of the Police, the Firefighters Corps, the Custody Officer Corps of the Department of Corrections and Rehabilitation, the National Guard, the Rangers Corps, or as Internal Revenue Agent, Special Investigations Bureau Agent, Superintendent of the Correctional Institutions of the Department of Corrections and Rehabilitation, the Corrections Administrator, the Juvenile Institutions Administrator, Marshals of the General Court of Justice, member of the State Attorney’s Office or Investigating Agent of the Department of Justice, becomes physically or mentally disabled for service, or dies. Sections 376—387 of this title shall apply under the following circumstances:
(1) In the case of a member of the Police:
(a) When attacked while preventing or attempting to prevent the commission of a crime;
(b) when attacked while arresting or attempting to arrest someone who can be reasonably presumed to be connected to the commission of a crime; on making searches and raids, or during the [interrogations] following said searches and raids, or in the act of confiscating weapons or any item, regardless of its nature, that is in the possession of persons in violation of any statute;
(c) when attacked while ending or trying to end any disturbance, riot, or any act that is contrary to law and order, the public safety or duly constituted authority;
(d) while on the way to, or while rendering services in fighting a fire;
(e) while intervening to save the life of a person or to protect properties that are endangered in any way, at the expense of his/her own life, or
(f) when attacked upon intervening with a demented person in order to place him/her in an institution, or to submit him/her to a judicial procedure or treatment.
(g) When attacked, even off-duty and, as a result of said attack, he/she loses his/her life or becomes disabled, provided it is established that said attack was a reprisal or an act of vengeance as a result of an official investigation, intervention, or official procedure conducted or being conducted by the agent leading to the solution of a crime.
This provision also includes those instances in which an off-duty Police officer dies or becomes disabled after being attacked while intervening with someone to prevent or attempt to prevent the commission of a crime or after revealing his/her identity as a Police officer while acting in accordance with his/her legal powers and duties. Provided, That in these cases, the Superintendent of the Police Department shall order an investigation to establish whether the off-duty law enforcement officer died in the circumstances described in this section.
(2) In the case of a member of the municipal police:
(a) When attacked while preventing or attempting to prevent the commission of a crime.
(b) When attacked while arresting or attempting to arrest someone who can reasonably be presumed to be involved in the commission of a crime; while performing searches and raids or during the questioning following such searches and raids; or while engaged in the confiscation of weapons, or any item, regardless of its nature, which is in the possession of persons who are violating any statute.
(c) When attacked while stopping or attempting to stop any disturbance, riot, or any act that is contrary to law and order, the public safety or duly constituted authority.
(d) When going to, or while rendering services in fighting a fire.
(e) When intervening in saving the life of a person, or protecting properties that are endangered in any way, at the expense of his/her own life.
(f) When attacked upon intervening with a demented person in order to place him/her in an institution or to submit him/her to judicial procedure or treatment.
(3) In the case of a member of the Firefighters Corps:
(a) While on the way to, or while engaged in the extinction of a fire.
(b) When attacked while stopping or attempting to stop any disturbance, riot, or any act that is contrary to law and order, the public safety or duly constituted authority.
(c) When intervening to save the life of a person or to protect properties that are endangered under any circumstance, for which he/she would have to risk his/her own life.
(d) When training or performing fire drills to test his/her skills and develop new techniques that can be used in the extinction of fires.
(4) In the case of a member of the custodial officers of the Corrections Administration, the Superintendents of the Correctional Institutions of the Corrections Administration, the Penal Correction Administrator of the Department of Justice, and the Juvenile Institutions Administrator, while complying with the functions of his/her office:
(a) When attacked while attempting to prevent the commission of a crime;
(b) when attacked while arresting or attempting to arrest someone who can reasonably be presumed to be involved in the commission of a crime;
(c) when attacked while preventing or attempting to prevent a disturbance, violation of the rules of the penal institutions in Puerto Rico, or any other irregularity, which is contrary to law and order, the public safety or duly constituted authority, or
(d) when attacked while preventing or attempting to prevent the escape of a prisoner, or of any other person whose custody or transportation has been entrusted to him/her.
(5) In the case of a member of the National Guard who is in active service due to an emergency called by the Governor:
(a) When attacked, while preventing or attempting to prevent a crime from being committed;
(b) when attacked while arresting or attempting to arrest someone who can reasonably be presumed to be involved in the commission of a crime;
(c) when attacked, when stopping or attempting to stop any disturbance, riot, or any act that is contrary to law and order, the public safety, or duly constituted authority, or
(d) when intervening to save the life of a fellow man, or to protect any property that is endangered under any circumstance, for which he/she has to risk his/her own life.
(6) In the case of a member of the Rangers Corps:
(a) When attacked while preventing or attempting to prevent the commission of a crime.
(b) When attacked while executing a search or raid related to violations of the laws whose implementation has been entrusted to the Department of Natural and Environmental Resources.
(c) When attacked while executing an arrest warrant duly issued by a court of justice.
(7) In the case of an internal revenue agent:
(a) When attacked upon discovering a violation of any of the internal revenue laws of Puerto Rico, or of any of the federal drugs and narcotics laws;
(b) when attacked while accompanying officials arresting persons who can reasonably be presumed to be connected to the commission of a crime, or
(c) when attacked while making searches or raids, or during the inquiries following said searches or raids in the act of seizing objects held by persons in violation of the internal revenue laws of Puerto Rico or the federal drug and narcotic laws.
(8) In the case of an agent of the Special Bureau of Investigations:
(a) When attacked while preventing or attempting to prevent the commission of a crime.
(b) When attacked while making an arrest in compliance with the functions assigned to said Bureau by the Department of Justice Bureau of Special Investigations enabling act.
(9) In the case of a Marshal of the General Court of Justice:
(a) When attacked while preventing or attempting to prevent the commission of a crime.
(b) When attacked while arresting or attempting to arrest someone who can be reasonably presumed to be connected with the commission of a crime.
(c) When attacked while ending or trying to end any disturbance, violation of the rules of the courts of Puerto Rico or any irregularity that is contrary to law and order and the public safety.
(d) When attacked while executing or serving an arrest warrant or of any kind, mandate, subpoena, order or summons duly issued by a court of justice.
(e) When attacked while preventing or attempting to prevent the escape of an inmate or any person whose custody or transportation has been entrusted to him/her.
(f) When attacked while keeping order or personal safety of judges, jury members, witnesses, employees, officials, and general public in court or where he/she has been called to render services.
(g) When attacked even if off duty, and loses his/her life or becomes disabled as a result of such attack, provided, that there is established that such attack was conducted in retaliation or revenge related to an intervention or proceeding related to his/her official duties.
(10) In the case of a member of the State Attorney’s Office:
(a) When rendering services and participating in a criminal investigation.
(b) When participating and intervening in the prosecution of criminal cases and processing minors.
(c) When intervening in cases related to §§ 2201 et seq. of Title 34, known as “Puerto Rico Minor’s Act”, and §§ 444 et seq. of Title 8, known as “Comprehensive Child Well-being and Protection Act”.
(d) When attacked while accompanying officials arresting persons who can reasonably be presumed to be connected with the commission of a crime.
(11) In the case of an Investigating Agent of the Department of Justice:
(a) When attacked while preventing or attempting to prevent the commission of a crime.
(b) When attacked while arresting, attempting to arrest, or transporting someone who can reasonably be presumed to be connected with the commission of a crime.
(c) When attacked while executing an order duly issued by a Court of Justice.
(d) When attacked while serving a subpoena or summons issued by the State Attorney’s Office.
History —June 27, 1958, No. 127, p. 300, § 2; June 20, 1962, No. 60, p. 130; May 31, 1972, No. 54, p. 124, §§ 4, 5; May 22, 1978, No. 19, p. 46; June 4, 1983, No. 93, p. 228, § 2; Aug. 7, 1998, No. 191, § 2; July 3, 1999, No. 142, § 1; July 30, 1999, No. 174, § 2; Aug. 13, 2008, No. 260, § 2; Oct. 26, 2011, No. 213, § 1; Dec. 14, 2011, No. 244, § 2.