When a member of the Corps is sued in a civil action originating and arising as a result of his/her acts in the performance of his/her duty, or of an incident that originates while acting in his/her official capacity, and within the scope of his/her functions, the Commissioner shall request, and the mayor shall assign an attorney to assist him/her during the proceedings, or to represent him/her in the suit, or otherwise, the member of the Corps may seek legal counsel at his/her own expense. This provision shall not apply when a disciplinary procedure is instituted against a member of the Corps.
In any instance in which a Corps member is sued in a civil action originating and arising from acts while not on duty, but in being present when a crime is committed and he/she intervenes, such member shall be accorded the same protections applicable to Corps members on duty. If the facts should take place within the geographical jurisdiction where he/she serves, the corresponding municipality shall assume any legal representation costs that must be incurred. However, if the facts should take place outside his/her geographical jurisdiction, it shall be the responsibility of the Government of Puerto Rico to assume legal representation costs by operation of the provisions of §§ 3077 et seq. of Title 32, known as the “Claims and Suits against the Commonwealth Act”.
History —May 12, 1977, No. 19, p. 33, § 12, renumbered as § 11 and amended on May 22, 1996, No. 45, § 11; July 29, 2010, No. 107, § 3.