Spg Novella 2014

Original Language Title: SPG-Novelle 2014

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2014_I_43/BGBLA_2014_I_43.html

43. Federal law that modifies the Security Police Act (SPG Novella 2014)



The National Council has decided:



The Security Police Act (SPG), Federal Law Gazette No. 566/1991, amended by Federal Law Gazette I no. 195/2013, is amended as follows:

1. in the table of contents is the entry to the 3rd paragraph of the 2nd main piece in section 3:



"Section 3





Special powers for the prevention of violence and racism at sporting events"




2. paragraph 5 paragraph 2:

"(2) of the public security service organs are



1. nationals of the awake body are federal police, 2 members of the municipality awake body, 3 members of the legal service with security authorities, if these organs to exercise immediate command and coercive power are authorized and empowered 4. other members of the National Police Directorate and the Federal Ministry of the Interior, if these institutions have completed the basic training for the Executive service (police training) and to engage in immediate command and coercive power."

3. paragraph 9 paragraph 1:

"(1) unless deadline otherwise determined, is whether the security management outside the territory of communities in which a National Police Directorate is also a security authority of first instance, the district administrative authorities for that purpose, the district and city police commands and their police inspections are under."

4. in section 16, subsection 2 4 is replaced in the Z 'exclusively' "exclusive" by the word and in the Z 5 will "or" at the end of the word and attached the following Z 6:



"6. when the new psycho-active substances Act (NPSG), Federal Law Gazette I no. 146/2011," 5. In article 22, paragraph 1, in the Z 5 of the point replaced with a semi-colon and following Z 6 added:



"6 of facilities, equipment, systems, or parts thereof, the essential for the maintenance of public security, the functioning of public information and communication technology, the prevention or combating of disasters, public health service, the public supply of water, energy and essential goods or public transport have (critical infrastructure)."

6. in the heading of the 3rd section of the 2nd main piece in section 3, the phrase "and racism" is inserted after the word "Violence".

7. in article 49a is the phrase in paragraph 1 after the phrase "for property" "or dangerous attacks after the Prohibition Act or § 283 StGB" inserted and in paragraph 2, the word order is after the phrase "due to previous dangerous attack against life, health, or property" "by the use of violence, after the Prohibition Act or § 283 StGB" inserted and the phrase "dangerous attacks by the use of violence" replaced by the phrase "such dangerous attack".

8. in paragraph 49, b is replaced by the phrase "in the context" the phrase "in directly related".

9 § 49c para 1 subpara 1 is:



"1. a dangerous attack against life, health or property by the use of violence, after the Prohibition Act or § 283 has committed criminal code or carried out a similar situation abroad, or" 10. In § 49c para 1 is the phrase "in connection with this major sports events a dangerous attack against life, health, or property" by the phrase "in connection with this major sports events a dangerous attack (Z 1)" replaced.

11. in section 55a, paragraph 2 the word inserted into no. 3 before the word "Request" "substantiated" and following Z 3a is inserted:



"3a. on a reasoned request from that company, in which the person concerned performs an activity or seeks, where he has access to confidential information, their illegal exploitation is a sustainable malfunction or destruction of a critical infrastructure (article 22, para. 1 No. 6) cause;"

12. in article 55, paragraph 5 b is inserted after the quote "section 55a paragraph 2 No. 3" the quote "and Z 3a".

13 § 56 para 1 No. 3a is:



"3a. the Austrian Football Federation, as well as the Austrian Bundesliga to test and instigation of a sports facility re-entry ban, if the person concerned, of the criminal code in connection with a football event has committed a dangerous attack against life, health or property by the use of violence after the Prohibition Act or § 283. These are only names, date of birth, residential address, information about the reason and the relevant circumstances of the intervention and, if necessary, information about the outcome of the criminal proceedings, as well as on reasonable demand to transmit image data of the person concerned;"

14 § 57 para 1 No. 11a is:



"11a. the person concerned in connection with a major sports events to fear a dangerous attack against life, health or property by the use of violence, after the Prohibition Act or § 283 StGB has committed and on the basis of certain facts is, he'll be at future sporting events commit more dangerous attacks and this is for the purposes of § 49a is required;" This also applies when comparable situations on communication from a foreign security authority;"

15. in article 64, paragraph 6, the phrase "a dangerous attack" is replaced by the phrase "a deliberate act threatened with judicial punishment".

16. in paragraph 65, in paragraph 1, the phrase "Action threatened with punishment" replaced by the phrase "intentional action threatened with judicial punishment", and in paragraph 5 deleted the clip reference (paragraphs 73 and 74).

17 paragraph 67 paragraph 1:

"(1) an is criminal treatment, in which the DNA of a person is to be determined, permissible, and because of the way if the person suspected to have committed an intentional criminal court act threatened with at least a one-year prison sentence or is to worry about execution of the Act or the personality of the person concerned, he would commit dangerous attacks and thereby leave traces that would enable its recognition on the basis of the identified genetic information. As far as this is necessary for the evaluation of existing DNA evidence, is allowed such criminal treatment among people of within section 65 paragraph 2. In addition article 65 paragraph 4 until 6. applies"

18. in article 73, paragraph 1, after the quotation "section 65" inserted the quote "or section 67" and in the Z 4 the phrase "a dangerous attack" replaced by the phrase "the deliberate act threatened with judicial punishment".

19 37 the following paragraph is added to article the 94:

"(37) § 5 para 2, 9 para 1, 16 para of 2, 22 para 1, 49a para 1 and 2, including heading, 49 b, 49 c para 1, 55a paragraph 2 Z 3 and Z 3a, 55 b subsection of 5, 56 para 1 Z 3a, 57 par. 1 Z 11a, 64 para of 6, 65 paragraph 1 and paragraph of 5, 67 par. of 1, 73 para 1 as well as the table of contents in the version of Federal Law Gazette I no. 43/2014 contact 1 July 2014" into force."

Fischer

Faymann