Police Bill of Rights in PR: what Act 1-2022 gives you

First, who it covers, and who it does not

Act No. 1 of January 18, 2022 created the **Police Bill of Rights**, and before looking at the benefits you have to look at the definition, because it is narrower than the name suggests.

'Police officer' means, for this Act, **the public servant of the Police Bureau** duly trained to carry out law enforcement functions. And it adds an express limitation: it **includes only personnel who directly perform tasks aimed at criminal investigation, maintaining public order, and protecting citizens' lives and property** under the Bureau's regulations.

Two practical conclusions follow. First: **civilian Bureau personnel are not included**. The Act says as much elsewhere, clarifying in the tax section that certain exclusions 'do not apply to civilian employees' of the Bureau. Second: the Bill refers to the **Puerto Rico Police Bureau**, if you are a municipal police officer, your situation is governed by other rules and it is worth confirming before filing anything under this Act.

The rights also apply, as applicable, **to the spouse, to a partner in a relationship of affection analogous to marriage, and to the children**. That equal treatment of the unmarried partner appears expressly in the definitions and in several of the benefits.

And a reading rule the Act itself includes: the enumeration of rights **shall not be construed as a limitation** on any other benefit recognized by law, regulation or normative letter not mentioned here. It is a floor, not a ceiling.

What is worth money: two tax exemptions

This is the part most often left on the table, simply because people do not know it exists.

**Overtime is not taxed.** Subsection D recognizes the right **that income earned from overtime hours be exempt from taxation**. For a force where overtime is a structural part of pay, that line is worth thousands of dollars a year.

**Neither are retroactive payments.** The same subsection exempts from all taxation **wages paid retroactively for increases in the basic pay scale levels**, increases granted under Act 227-2004, and **any other income generated by past promotions** under the pay scales that is still owed. For wages of those kinds paid during **2018** that were not included in that year's withholding statement, the Act granted a **credit equal to 100% of that income in 2019**. These exclusions **do not apply to civilian employees** of the Bureau.

**Property tax: $10,000 of assessed value, permanently.** Subsection E exempts, **permanently and up to ten thousand dollars of assessed value**, the dwelling the officer or surviving spouse builds or acquires in good faith as a principal residence. If the building holds more than one dwelling, the exemption covers the proportional share corresponding to the one the officer occupies. Petitions go to the **CRIM**, and once approved **the effect is retroactive up to a maximum of three (3) years**. The Act also clarifies this exemption is **in addition** to any other the Government grants.

**And if the officer became disabled, the exemption has no dollar cap.** Subsection E(2) exempts from property tax **any house built, acquired or remodeled (or to be built, acquired or remodeled in the future) by a disabled or impaired officer**, along with the lot it sits on, **up to 1,000 square meters in urban zones or one cuerda in rural zones**, provided it is their residence or that of their immediate family. The exemption ceases if the property stops being that residence, but **it is recoverable** if they rebuild there or acquire another and make it their home.

Fee-free certificates, and the sign the agency must post

Subsection E(3) recognizes the right to receive **free of fees any certificate for official use and for claiming any right** from Central Government and municipal offices: courts, registries, bureaus and others of like nature.

The Act gives examples, 'without this being a limitation,' and the list is what people pay for every year without thinking: **criminal record** certificates, **tax return filing** certificates, **income and property tax debt** certificates, **vital records** certificates and **university transcripts**, among others.

**This benefit extends to the spouse, the surviving spouse and minor children.**

And there is an obligation almost never seen fulfilled: the Act **orders state and municipal agencies, offices and units to post a sign in places visible to the public** stating that those certificates are free for officers, spouses, surviving spouses and minor children who meet the regulation's requirements. And it charges the **Commissioner with ensuring faithful compliance**. If they charge you at the counter, that is the law to cite.

Outside work: the right to a second income, with caps

Among the labor rights, subsection A(8) recognizes the right **to generate additional income through Outside Work**, and sets its limits in the same sentence: **it shall be performed while the officer is off duty and may never exceed four (4) hours daily or twenty-four (24) hours weekly**. The Bureau issues the regulations for it.

The definition of 'Outside Work' is broad and worth reading in full before assuming something does not count: **any work performed by an officer on their own account, as a third party's employee, or on commission; or having interests in a business, regardless of whether any pay**, service or compensation of any form is involved, while off duty.

Note 'regardless of whether any pay is involved' and 'having interests in a business.' A family business you take part in without being paid can fall within the definition. What the Act recognizes is the right to do it; what the Bureau regulates is how it is reported and authorized. Before starting, request the regulation in writing.

The rest of subsection A's labor rights are the framework: freedom from discrimination by race, color, sex, nationality, age, real or perceived sexual orientation, origin or social condition, political or religious views, veteran status or physical or mental disability; a safe and healthy workplace with fair, dignified and respectful treatment; **being informed of the laws and rights that protect them**; work areas and equipment in good condition; privacy and dignity; protection from harassment, including sexual harassment; and being paid as agreed or legally established.

The hiring preference that binds private business too

This provision surprises anyone reading it for the first time, because its reach does not stop at government.

Subsection G(1) provides that **the Government, its agencies and instrumentalities, public or quasi-public corporations, municipalities and all private persons, natural or juridical, operating businesses in Puerto Rico shall be obligated to give preference to a police officer, on equal academic, technical or experience terms, in appointment or promotion** to any position, job or work opportunity.

Read it carefully, because the condition matters as much as the right: it is preference **on equal terms** of academics, technical qualification or experience. It does not make a less qualified candidate the pick; it breaks the tie in the officer's favor.

If you are thinking of leaving the Bureau or looking for a second job, this is a card you play in the interview, not after the rejection. And it comes with other smaller but real benefits: a **25% discount on the individual rate** at national parks, beaches, zoos, aquariums, vacation centers and campgrounds, plus discounts or preferential rates available at other recreational or cultural facilities, which the Commissioner is empowered to negotiate.

Health care at no cost, and what remains for the family

Subsection F recognizes the right to receive **from municipalities and the Central Government, through all their health facilities and at no cost, necessary medical care, treatment, hospitalization and medications**, upon prescription, **including the spouse and children up to the age of majority**, and **with no age limit** for physically or mentally disabled children.

If the officer, spouse, partner or children are covered by prepaid health insurance, the health institution **may bill the plan** for services rendered, **relieving the family of the deductible**. And these rights **extend to the children of officers killed in the line of duty**, to the age of majority and without age limit if disabled. The Act orders it posted in visible places at all public health facilities, state and municipal.

Article 6 gathers what belongs to the **surviving spouse and minor or disabled children**. First, enjoying this Act's privileges and exemptions in case of death in the line of duty, **for as long as the officer would have enjoyed them**, ending when the surviving spouse remarries, when children reach majority, or when a disabled adult child's disability ends.

Then, four benefits anchored in earlier statutes that the Bill compiles: a pension of **no less than $125 monthly** from the Retirement System when an active member dies of a cause **unrelated to service** (Act 8 of 1976); a **tuition or textbook scholarship** at any public higher education institution while the surviving spouse remains widowed, for children under 21 and up to 25 if pursuing postsecondary studies (Act 263-1998); the **pension to beneficiaries or heirs** of deceased retired officers (Act 169 of 1968); and the **Scholarship Fund** for children of members who lost their lives in the line of duty, from health conditions or accidents related to their duties, or while off duty intervening to prevent a crime (Act 111 of 1988).

If one of these rights is denied to you

Article 8 does not leave the Bill as a statement of good intentions. It attaches consequences, and hard ones.

**Anyone violating these rights shall be prosecuted for a misdemeanor, with a fine of up to $1,000.** Government corporations or agencies and individuals who **obstruct or act in ways that affect** these rights **shall be liable for the damages caused to the officer, including payment of attorney's fees**. And it adds something uncommon: **the Judge shall have the power to impose compensation of up to double the damages** caused.

For institutions: the Commissioner, coordinating with the Secretary of Public Safety, **may impose an administrative fine of up to $5,000 per violation** on any government body or institution, including public or quasi-public corporations and municipal governments, that fails to comply. Each fine collected **is deposited in favor of the Bureau** to implement this same Act.

And a route that saves on lawyers: the Commissioner, coordinating with the Secretary of Public Safety, **is authorized to investigate, process and prosecute violations, and may represent in court the officers harmed** by violations of this Act.

One last useful item for knowing what to claim: Article 3 requires **all Government bodies and institutions, including public corporations and municipalities, to report annually (within 60 days of the fiscal year's end) to the Commissioner and the Office of Management and Budget on the benefits and services they offer to officers**, and requires the Commissioner's Office to **publish that information through a web portal**. That inventory is, in practice, the complete list of what you can ask for.