152. Federal law amending the Security Policy Act and declaring violations of certain injunction to protect against violence and to protect against intrusions into privacy (SPG-Novelle 2013)

The National Council has decided:

Article 1

Amendment of the Security Policy Act

The Security Policy Act (SPG), BGBl. No 566/1991, as last amended by the Federal Law BGBl. I No 83/2013, shall be amended as follows:

1. In the table of contents, the entry is to § 38a:

" § 38a

Prohibition of supervision and refusal to protect against violence "

2. § 35 (1) Z 8 reads:

" 8.		if this is necessary for the imposition of an entry ban in accordance with sections 36a (3) and (4) and 38a (1) and (6), as well as for the verification and enforcement of that prohibition; "

3. § 38a together with the title is:

" Entry ban and removal order to protect against violence

§ 38a. (1) If, on the basis of certain facts, in particular as a result of a previous dangerous attack, it is assumed that there is a dangerous attack on life, health or freedom, the institutions of the Public Security Service shall be: authorized to enter a person who is at risk (danger)

1.		an apartment where one of the companions lives, and their immediate surroundings;
2.		and, in so far as the person concerned is an unaccompanied minor, entering into the
a)			one of the at-risk inconsals for the fulfilment of the general compulsory schooling in the sense of the compulsory education law, BGBl. No 76/1985, attended school or
b)			an institutional child care facility visited by him, or
c)			of a horts visited by him
		with an area within a radius of fifty meters,
.

(2) In the event of a ban on entry, the institutions of the public security service shall:

1.		to inform the hazard of the geographical area to which the prohibition of entry relates, with the scope of the prohibition of entry referred to in paragraph 1 (1) above, in accordance with the requirements of effective preventive protection. is to be determined
2.		to leave it in the event of refusal to leave the area covered by the prohibition on entry as referred to in paragraph 1;
3.		to remove all the keys in its custody to the dwelling referred to in paragraph 1 (1) (1) of the risk to the hazard of the
4.		To give him the opportunity to take urgently needed items of personal need and to inform themselves about the possibilities he has to do.
In the case of a ban on returning to their own home, it is particularly important to consider that this interference in the private life of the person concerned is proportionate (§ 29). Where the need arises for the person concerned to seek out the dwelling which he is prohibited from entering, he may only do so in the presence of an institution of the public security service.

(3) The institutions of the public security service shall be obliged to require the person to be notified of a delivery point for the purpose of delivering the lifting of the prohibition on boarding or of an incontestation in accordance with § § 382b and 382e EO. If he fails to do so, the delivery of such documents may be effected by deposit without prior delivery attempt until the announcement is made; the risk must be indicated to the person concerned.

(4) The bodies of the public security service shall also be required to:

1.		the companions of the possibility of an incontenable disposition pursuant to § § 382b and 382e EO and of suitable victim protection facilities (§ 25 para. 3) and
2.		if incults are at risk, immediately
a.			the local children's and youth welfare authorities according to § 37 Federal Children's and Youth Aid Act 2013 (B-KJHG 2013), BGBl. I n ° 69, and
b.			the head of a body referred to in paragraph 1 (2) for which the prohibition of entry has been imposed
		to inform.

(5) In the documentation of the order of an admission ban, it is not merely necessary to take into account the circumstances relevant to the intervention, but also to those who are responsible for a procedure in accordance with § § 382b and 382e EO or for a risk assessment. In the sense of § 22 B-KJHG 2013 by the responsible child and youth assistance carrier can be of importance.

(6) The security authority shall be notified without delay of the order of an entry ban and shall be reviewed by the safety authority within 48 hours. If the safety authority finds that the prohibition on boarding should not have been ordered, it shall immediately lift the risk to the hazard, and the person at risk shall be informed without delay that the prohibition of entry into force shall be prohibited. , the lifting of the prohibition on entering as well as the information of the person at risk shall, if possible, be effected orally or in writing by means of a personal handover. The keys removed in accordance with paragraph 2 shall be to be followed by cancellation of the prohibition of entry to the risk person, in the case of an application for the release of an injunction pursuant to § § 382b and 382e EO in court.

(7) If an entry ban is also ordered for the local scope of action of another safety authority (§ § 8 and 9), it shall be notified without delay. The one on the verification of the prohibition of entry (para. 6) shall be the responsibility of the local competent security authority.

(8) Compliance with a prohibition of entry shall be reviewed at least once during the first three days of its validity by the institutions of the Public Security Service. The prohibition of admission shall end two weeks after its ordering. If the safety authority is informed by the court within this period of the application of a request for the release of an injunction pursuant to § § 382b and 382e EO, so extended the prohibition of entry to the defendant until the date of notification of the decision of the court, but at the latest on four weeks from the date of order. In the event of withdrawal of the application, the prohibition of entry shall end two weeks after its order, in the event of withdrawal of the application after the extension of the prohibition on entry, as soon as the safety authority has been withdrawn by the withdrawal by Notification of the Court of First Instance.

(9) The court shall immediately inform the local competent security authority of the submission of an application for the release of an injunction pursuant to sections 382b and 382e of the EO and its scope as well as of any withdrawal from any such request. "

4. In § 45 (2), the term "Youth Welfare Carrier" by the term "Children and youth helmbearer" replaced.

5. In Section 56 (1), in Z 7, the punctuation shall be ". by the punctuation " ; " replaced and the following Z 8 added:

" 8.		in the case of an order prohibitions pursuant to section 38a (1) (2), to the head of the respective institution for the purpose of acting within the framework of the duty of supervision for the protection of the incapaciated incontestation. Only the name of the Hazard and the Endangered Injunction, as well as the duration of the prohibition of entry and the information on a possible cancellation of the latter shall be transmitted. "

6. In § 58c (2), the term "Youth Welfare Carrier" by the term "Children and youth assistants" and the term "Youth Welfare" by the term "Children's and Youth Aid" replaced.

7. § 84 (1) Z 2 reads:

" 2.		in spite of a ban on entering the area according to § 38a, enter the area covered by the prohibition pursuant to section 38a (1), or "

8. In § 92 Z 2, after the word order "Things taken in claim" the phrase "within the framework of the first general assistance obligation (§ 19) or" inserted.

9. The following paragraph 35 is added to § 94:

" (35) § § 35 (1) Z 8, 38a including heading, 45 para. 2, 56 para. 1 Z 7 and 8, 58c para. 2, 84 para. 1 Z 2 and § 92 Z 2 and the entry in the table of contents to § 38a and the title in the version of the Federal Law BGBl. I N ° 152/2013 will enter into force on 1 September 2013. "

Article 2

Criminal provisions

§ 1. (1) Anyone who is in a preliminary incarceration pursuant to § § 382b, 382e para. 1 Z 1 and Z 2 first case and § 382g para. 1 Z 1 and 3 of the Law of 27 May 1896 on the Exec and Safeguards Procedure (Executive Order-EO), RGBl. No 79/1896, infringed, commit an administrative surrender and is punishable by a fine of up to 500 euros, in the case of its incriminality, with a custodial sentence of up to two weeks.

(2) The imposition of a penalty shall be discernable if, on account of the breach of an order within the meaning of paragraph 1, a sentence has already been imposed by the Executive Court on the occasion of the authorization of an execution pursuant to Section 355 EO.

Enforcement

§ 2. (1) The administrative criminal proceedings shall be carried out by the district administrative authorities, in the sphere of action of a State Police Directorate as the security authority of the first instance in the territory of a municipality (Section 8 of the Security Police Act -SPG, BGBl. (No 566/1991).

(2) The bodies of the public security service are empowered to implement measures to prevent administrative offences or to initiate administrative proceedings; they shall act as institutions of the competent authority. District Administrative Authority or State Police Directorate, in so far as this is at the same time the security authority of the first instance for the territory of a municipality.

entry into force

§ 3. § § 1 and 2 shall enter into force on 1 September 2013.

Fischer

Faymann