Spg Novella 2013

Original Language Title: SPG-Novelle 2013

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152. Federal law, with which the Security Police Act is amended and violations of certain injunctions to protect against violence and to protect from invasion of privacy to administrative offences are explained (SPG Novella 2013) the National Council has decided: article 1

Amendment of the Security Police Act

The Security Police Act (SPG), Federal Law Gazette No. 566/1991, as last amended by Federal Law Gazette I no. 83/2013, is amended as follows:

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



"§ 38a



Prohibition and signposts for the protection against violence"2. Article 35, paragraph 1 Z 8 is:"8 If this is necessary for the imposition of a re-entry ban according to the § 36a para 3 and 4 and 38a paragraphs 1 and 6, as well as for inspection and enforcement of the same;"

3. § 38a including heading is as follows:

"Prohibition and signposts for the protection against violence

§ 38a. (1) is on the basis of certain facts, in particular due to a previous dangerous attack, to assume it ahead a dangerous attack against life, health or freedom, so the organs of public security are authorized, a people of the danger comes (Gefährder), entering 1 an apartment, in which an endangered lives, and their immediate surroundings;

2. and, if it is for the vulnerable is a minor minor, also enter a) one of the explosive babes to meet compulsory in the sense of the compulsory education Act, Federal Law Gazette No. 76/1985, school or b visited) an institutional child care facility visited by him or c) a shorts visited by him, including an area within a radius of fifty metres, to prohibit.

(2) arrangement of a re-entry ban have the organs of public security 1 the Gefährder the spatial area, to which the prohibition relates to, taking account of the scope of the prohibition of re-entry is to determine No. 1 in accordance with the requirements of an effective preventive protection referred to in paragraph 1, note 2, in the case of a refusal, the area covered by the prohibition referred to in paragraph 1 to leave , away assign 3 the Gefährder all in his possession to take the key to the apartment under par. 1 Z 1, 4 to give him the opportunity, urgently to take needed articles of for personal use and to know what options he has to stay.

A ban on return to the home, carefully is, that this intrusion into the private life of the person concerned keeps the disproportionality (§ 29) attention. Unless the need stated, that the person concerned goes to the apartment, which he is prohibited from entering, he may do so only in the presence of the organ of the public security service.

(3) the bodies of the public security service are obliged to demand the announcement of a tax authority for purposes of the delivery of repealing the prohibition of re-entry or an interim injunction b and 382e EO by the Gefährder according to § 382. He fails to do this, the service of such documents can be done so long by depositing without preceding delivery attempt, until an announcement is made; that the Gefährder be noted.

(4) the bodies of the public security service are also required, 1 the risk of the possibility of an injunction according to §§ 382 b and 382e EO and of suitable victim protection facilities (§ 25 para. 3), and 2. If minors at risk include, immediately the local children and youth help carriers in accordance with § 37 Federal children and youth welfare law 2013 (B-KJHG 2013), Federal Law Gazette I no. 69, and b. the Director of an institution referred to in paragraph 1 No. 2 for the prohibition was imposed to inform.

(5) in the case of the documentation of the arrangement of a re-entry ban, caution is not merely on the intervention of relevant circumstances, but also to those to take for a procedure according to § 382 b and 382e EO or for a hazard investigation 2013 can be B KJHG within the meaning of section 22 by the competent children's and youth services of importance.

(6) the arrangement of a re-entry ban is to announce the security authority without delay and to verify this within 48 hours. The safety authority finds that the prohibition does not have to be mounted, so she has the Gefährder to immediately repeal this; the vulnerable is to inform you that the prohibition will, lifted immediately the lifting of the re-entry ban, as well as the information of the vulnerable have orally or in writing by personal delivery to be made. The keys removed pursuant to par. 2 is to follow the Gefährder with lifting of the re-entry ban, to impose b and 382e EO at Court in the case of an application for issuing an injunction according to §§ 382.

(7) where a prohibition for the local powers of other security authority (sections 8 and 9) is arranged, it is immediately reported to. The implementation of the beyond the review of the re-entry ban (para. 6) is the local security authority.

(8) compliance with a re-entry ban must be checked at least once during the first three days of its validity by organs of the public security service. The prohibition ends two weeks after his Anordnung.Wird the safety agency within this period of court bringing an application for issuing an interim injunction informed according to §§ 382 of the b and 382e EO, so the prohibition will be extended until the date of notification of the decision of the Court to the defendant, at the latest on 4 weeks from order. In the case of a withdrawal of the application, the re-entry ban two weeks after its arrangement, with withdrawal of the application after the extension of the re-entry ban, ends as soon as the safety authority of the withdrawal becomes aware through communication of the Court.

"(9) the Court has the locally competent safety authority by bringing an application for issuing an injunction according to §§ 382 b and 382e EO and its extent, as well as to inform without delay of a possible withdrawal."

4. in article 45, paragraph 2, the term "Youth welfare institution" is replaced by the term "Children and youth help institution".

5. in article 56, paragraph 1, 7 is the punctuation in the Z '. "by the punctuation";"replaced and added following Z 8:"8 in the case of an arrangement of a re-entry ban according to section 38a, para 1, no. 2, at the head of the institution to the initiative in the framework of supervision for the protection of the vulnerable minor measures. To provide only the name of the Gefährders and the explosive babes and the length of the re-entry ban, and information about a possible lifting of the same."

6. in section 58 c para 2 are the term "Youth welfare institution" by the term "Children and youth help carriers" and the term "Child welfare" replaced by the term "Children and youth".

7 § 84 para 1 No. 2 is: "2. in spite of a re-entry ban according to § 38a the of the prohibition pursuant to section 38a, paragraph 1 covered area enters or" 8. In § 92 Z 2 is after the phrase "Things unused" the phrase "within the framework of the first compulsory assistance (article 19) or" inserted.

9 35 the following paragraph is added to section the 94:

"(35) § 35 par. 1 Z 8, 38a, including heading, 45 para of 2, 56 para 1 Nos. 7 and 8, 58 c para of 2, 84 para 1 subpara 2 and § 92 No. 2 and the entry in the table of contents to § 38a including heading as amended by Federal Law Gazette I no. 152/2013 with 1 September 2013 into force."

Article 2

Criminal provisions

§ 1 (1) who one in an injunction after §§ 382 b, 382e par. 1 Z 1 and Z 2 first case and section 382 g para 1 Nos. 1 and 3 of the Act of May 27, 1896 of the Rechtspfleger - and backup procedures (execution order - EO), RGBl. No. 79/1896, taken arrangement contravenes commits an administrative offence and is fined up to 500 euros, in case their recovery with imprisonment up to two weeks , to punish.

(2) by imposing a penalty is to be seen if a penalty has been imposed on account of the violation of an arrangement in the sense of paragraph 1 of the Court of execution on the occasion of the approval of an execution in accordance with § 355 EO already.

Enforcement

2. (1) the implementation of administrative penal proceedings is whether the district administrative authorities, in the scope of a national police headquarters as security authority of first instance on the territory of a municipality (§ 8 of the Security Police Act SPG, Federal Law Gazette No. 566/1991) this.

(2) organs of public security are authorized to the prevention of administrative offences or to the initiation of administrative penal measures; they act as organs of the competent district administrative authority or State police headquarters, to the extent that this is also a safety authority of first instance for the area of a municipality, this.

Entry into force

§ 3. The sections 1 and 2 come into force with September 1, 2013.

Fischer

Faymann