971r

Any person who intentionally renders false testimony for the court to issue a judicial order authorizing the recording of nontelephonic conversations, and any person who on the basis of said false information, and knowing it is false, requests the Secretary of Justice to request such an order before the court shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for a fixed term of five (5) years. If there were aggravating circumstances, the fixed penalty may be increased to a maximum of eight (8) years, and if there were extenuating circumstances, it may be reduced to a minimum of two (2) years.The court shall impose the fixed term of imprisonment established herein and, at its discretion, may further impose a fine of not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000).Any person who having knowledge of the evidence or the fact that an authorization to record conversations under the provisions of § 971q of this title has been issued, and through any means discloses such knowledge to another person except when the disclosure is necessary within the course of his duties shall be guilty of a felony and, upon

s title has been issued, and through any means discloses such knowledge to another person except when the disclosure is necessary within the course of his duties shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for a fixed term of two (2) years. If there were aggravating circumstances, the established fixed penalty may be increased to a maximum of three (3) years, and if there were extenuating circumstances it may be reduced to a minimum of one (1) year.The court shall impose the fixed term of imprisonment and, at its discretion, may also impose a fine which shall not be less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000).No person accused of violating the provisions of this section may avail himself of the plea bargaining system and, upon conviction, shall not be entitled to enjoy a suspended sentence.Except in the case of recordings of telephone conversations, the provisions established by Section 145 of Act No. 115 of July 22, 1974, as amended, known as the Penal Code of the Commonwealth of Puerto Rico, shall not apply to policemen, Special Investigations Bureau agents, undercover agents, informers or persons

5 of July 22, 1974, as amended, known as the Penal Code of the Commonwealth of Puerto Rico, shall not apply to policemen, Special Investigations Bureau agents, undercover agents, informers or persons who, acting under legal authorization, record nontelephonic conversations, when such recording is done with the prior authorization of the court pursuant to the provisions of § 971q of this title. Such persons, however, shall be guilty of the crime provided in Section 145 of the Penal Code and in the crime provided in the first paragraph of this section when the recording is made without a valid authorization, pursuant to what is established by § 971q of this title. History —July 13, 1978, No. 33, p. 468, added as § 19 on June 19, 1987, No. 36, p. 120, § 7, eff. 180 days after June 19, 1987.