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13 JANUARY 2014 - An Act to amend the Act of 15 May 2007 relating to the creation of the function of guardian of peace, the creation of the service of the guardians of peace and the amendment of section 119bis of the new communal law (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. In Article 3 of the Law of 15 May 2007 on the creation of the function of guardian of peace, the creation of the service of the guardians of peace and the amendment of Article 119bis of the new communal law, as amended by the Law of 24 July 2008, the following amendments are made:
1° in § 1^er, the words "The service of peacekeepers is loaded" are replaced by the words "People who are part of the service of peacekeepers are charged";
2° § 1^er is completed by 6° and 7° written as follows:
"6° the deterrent presence in order to prevent conflicts between persons, including non-violent intervention in the event of verbal conflict between persons;
7° the accompaniment of children in school who travel in group, on foot or by bike, from their home to school and vice versa. ";
3° § 2 is replaced by the following:
"§2. The communal council or the communal councils of the organising commune or the organizing communes may or may also charge the guardians of the peace-conservatives of the observation exclusively limited to the immediately perceptible situation of property which opens, for the commune, the right to the collection of a tax or a royalty." .
Art. 3. In section 4 of the Act, as amended by the Act of 24 July 2008, the following amendments are made:
1° the words "The service of peacekeepers can organize its activities exclusively:" are replaced by the words "People who are part of the service of peacekeepers can exercise their activities exclusively:"
2° in the 1°, the words "for activities referred to in Article 3, § 1^er, 1° to 4° " are replaced by the words "for activities referred to in Article 3, § 1^er1° to 4° and 6° and 7°
3° the 1° is completed as follows: "are considered as public roads all roads and places that belong to the public network and to which the road user normally has access freely and at any time; is considered as a public place the public road and land that is part of the public domain and which are accessible to the public;"
4° the article is supplemented by three paragraphs written as follows:
"By derogation from paragraph 1^er, 1°, the activities referred to in Article 3, § 1^er, 1° to 7°, can also be arranged in places accessible to the public designated by the College of Bourgmestre and Echevins.
For the purposes of this Act, it is considered to be an accessible place to the public: any place within the public domain, excluding the place where management has been transferred to a concessionaire, where other persons other than the manager and the persons working there have access either because they are supposed to have access to that place, or because they are authorized to do so without being invited personally.
Derogation from paragraph 1^er, 1°, the activities referred to in Article 3, § 1^er, 1° and 2°, can also be carried out in common areas of social housing complexes. ".
Art. 4. In section 5 of the Act, the following amendments are made:
1° in paragraph 1^er, the words "By derogation from the provisions of Article 4, 1°, the service of the guardians of peace may carry out its activities under the same conditions as for the organizer commune, in the following places and for the benefit of the following legal persons:" are replaced by the words "By derogation from Article 4, paragraph 1^er, 1°, persons who are part of the service of the peacekeepers may carry out their activities under the same conditions as persons who are part of the service of the peacekeepers of the organizing commune, in the following places and for the benefit of the following legal persons:";
2° in paragraph 1^er, 1°, the words "common belonging to the same police zone to which the organising commune belongs" are replaced by the words "other common than the organising commune";
3° in paragraph 1^er, the 2° is replaced by the following:
"2° in areas that belong to a legal entity of public law, after the agreement of the above-mentioned; ";
Paragraph 2 is replaced by the following:
"By derogation from article 4, paragraph 1^er, 2°, persons who are part of the service of the peacekeepers may carry out their activities under the same conditions as persons who are part of the service of the peacekeepers of the organizing commune, in all places where the authority organizes its events in the territory of the beneficiary commune. ".
Art. 5. In section 6 of the Act, the following amendments are made:
1° in § 1^erParagraph 1^er, the words "the definition of its tasks" are replaced by the words "the definition of the activities of persons who are part of the service of peacekeepers";
2° in § 2, the words "The missions of the service" are replaced by the words "The missions of the persons who are part of the service".
Art. 6. In the same Act, an article 6/1 is inserted as follows:
"Art. 6/1. § 1^er. Two or more municipalities, belonging to the same area or several police zones, as referred to as the organizing communes, may decide to establish, after approval of the respective communal councils, a multi-communal service of the peacekeepers, on the basis of a convention between the communities concerned.
§ 2. The convention includes the creation of the multi-communal service of peacekeepers, the definition of its activities, the name of the municipal official responsible for directing the service, its organization, the way in which staff are assigned to it and the means of financing.
§ 3. The personnel who are part of this multi-communal service of the peacekeepers remain engaged under the statute or contract that binds it to its commune of origin.
§ 4. The organizing communes are jointly responsible for third parties.
§ 5. Within three months of the decision of the council, the organizing communes transmit the decisions of the communal council to the Minister of the Interior. The conventions establishing a multi-communal service of peacekeepers are submitted to the Minister of the Interior for the same period of time.
§ 6. The organizing communes make public, by a decision of the municipal council, the creation of the multi-communal service of the peacekeepers, the definition of its activities and the way in which citizens can file complaints with the organizing communes regarding this multi-communal service of the peacekeepers.
§ 7. The organizing communes conclude with the local police or, where applicable, the police area, a convention for the designation of a contact person within the police service or the police area, mentioning the nature of the information exchange and concrete agreements in the exercise of activities within the organizing communes.
§ 8. For peacekeepers who wish to do so, the organizing community(s) may or may, if applicable with the municipalities of the same police zone, provide access to support and preparation, with a view to accessing police officer selection tests.
The police council may take into account the peacekeepers and observers from the police area in question and have passed the police selection tests as part of its recruitment strategy. ".
Art. 7. In section 7 of the Act, as amended by the Act of 24 July 2008, the following amendments are made:
1° in § 1^erParagraph 1^erthe words "Article 3, § 1^er, 1°, 2°, 3° and/or 5° are replaced by the words "Article 3, § 1^er, 1°, 2°, 3°, 5°, 6° and/or 7°
2° it is inserted a § 1^er/1 to read:
§ 1^er/1. Those who, for the benefit of the commune, exclusively help children, schoolchildren, persons with reduced mobility and the elderly to cross safely and/or work of a strategic and conceptual nature are not considered custodians of peace. By derogation from article 2, paragraph 1^erthe commune is exempted, in this case, from the creation of a service of the peacekeepers. ".
Art. 8. In Article 8, paragraph 1^er, 4°, of the same law, the words "and having at least succeeded higher secondary education" are inserted between the words "having Belgian nationality" and the words "and with regard to the guardians of peace".
Art. 9. In the same Act, an article 8/1 is inserted as follows:
"Art. 8/1. The municipal official responsible for directing the service of peacekeepers or the multi-communal service of peacekeepers must have sufficient skills and knowledge in the management of the team, the functioning and organization of the communal services and the rights and duties of peacekeepers. ".
Art. 10. In section 10 of the Act, as amended by the Act of 24 July 2008, the following amendments are made:
1° two sub-paragraphs as follows are inserted between subparagraphs 1^er and 2:
"The training registration initiative is free. The candidate may only participate in training if he meets the following conditions:
1° having submitted an extract from the criminal record, dating to a maximum of six months, which shows that he was not convicted of offences referred to in article 8, paragraph 1^er2°;
2° having submitted an identity document or a history of the population register that shows that it meets section 8, paragraph 1^erFour.
The school may not register a candidate who does not meet the conditions set out in paragraph 2. ";
2° in paragraph 2, becoming paragraph 4, the 1° is supplemented by the words "and in particular in the context of relations with the police and the guarding services";
3° in paragraph 2, becoming paragraph 4, the 5° is replaced by the following:
"5° conflict management, including positive conflict management with minors;"
4° paragraph 2, becoming paragraph 4, is supplemented by the 8° and 9° as follows:
"8° editorial skills;
9° sport/physical condition. ";
5° a paragraph as follows is inserted between paragraphs 2 and 3, becoming paragraphs 4 and 5:
"A review is carried out for all the branches taught. The candidate succeeded if he obtained for each minimum branch 50% of the points and minimum 60% of the points for the total of all branches. Only the successful candidate is empowered to begin the training of peacekeeper-teacher. Otherwise, it is only authorized to exercise the function of peacekeeper. ".
Art. 11. In section 12 of the Act, the following amendments are made:
1° in § 1^erParagraph 1^er, the first sentence is supplemented by the words ", whose model has been fixed by the Minister of the Interior";
2° in § 2, the words "bourgmestre de la commune organisatrice" are replaced by the words "minister of the Interior".
Art. 12. The title of Chapter V of the Act is supplemented by the words "and sanctions".
Art. 13. Article 17 of the Act is supplemented by § 3, which reads as follows:
§ 3. The Minister of the Interior is competent to impose the penalties referred to in Article 17/1 in accordance with a procedure determined by the King."
Art. 14. In the same Act, an article 17/1 is inserted, as follows:
"Art. 17/1. In the event of an offence under articles 11, 12, § 1^erchevs, 13 and 15 or at a disposition of a decree of execution and if it is established that one or more of these offences result from the fact of the employer, employers or of the communal official responsible for the management of the service of the guards of peace, or of the multi-communal service of the guards of peace, the College of Bourgmestre and Echevins of the commune that established the service of guards of peace or
The sending mentions at least the offence and the minimum period of three months and a maximum of six months available to the municipality or, in the case of a multi-communal service of the peacekeepers, the communes to end the offence.
If it is found after the expiry of the period mentioned in the first warning, that the offence has not ceased, the commune is notified or in the case of a multi-communal service of peacekeepers, the communes are notified once a second time by registered mail.
If it is found that the commune has not or, in the case of a multi-communal service of the peacekeepers, the communes have not terminated the offence reported within a period of noante days after the receipt of the second warning, an administrative fine of 1,000 to 2.500 euros per guardian of the peace in violation will be imposed on the organising commune or beneficiary, as the case may be. In the case of a multi-communal service of peacekeepers, the organizing communes themselves determine the distribution key to pay the fine. ".
Art. 15. In article 18, 2°, of the same law, amended by the law of 24 July 2008, the words "article 3, § 1^er, 3°, 4° and 5° " are replaced by the words "article 3, § 1^er, 3°, 4°, 5° and 7°.
Promulgate this Act, order that it be put on the seal of the State and published in the Belgian Monitor.
Given in Brussels on 13 January 2014.
PHILIPPE
By the King:
The Minister of the Interior,
Mrs. J. MILQUET
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
Documents of the House of Representatives (www.lachambre.be):
53-3223 -2013/2014:
N^o 1: Bill.
N^o 2: Amendments.
N^o 3: Report.
N^o 4: Text adopted by the Commission.
N^o 5: Text adopted in plenary and transmitted to the Senate.
Full report: 17-18 December 2013.
Documents of the Senate (www.senate.be):
5-2421 -2013/2014:
N^o 1: Project referred to by the Senate.
N^o 2: Report.
N^o 3: Decision not to amend.
Annales of the Senate: December 18 and 19, 2013.