Law Amending The Law Of 15 May 2007 On The Establishment Of The Function Of Guardian Of Peace, The Creation Of The Service Of The Guardians Of The Peace And The Amendment Of Article 119Bis Of The New Municipal Law (1)

Original Language Title: Loi modifiant la loi du 15 mai 2007 relative à la création de la fonction de gardien de la paix, à la création du service des gardiens de la paix et à la modification de l'article 119bis de la nouvelle loi communale (1)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014000066&caller=list&article_lang=F&row_id=900&numero=995&pub_date=2014-01-30&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-01-30 Numac: 2014000066 Interior FEDERAL PUBLIC SERVICE 13 January 2014 - an act to amend the law of 15 May 2007 on the establishment of the function of guardian of peace, the creation of the service of the guardians of the peace and the amendment of article 119bis of the new Municipal Act (1) PHILIPPE, King of the Belgians, to all present and future, hi.
The Chambers have adopted and we endorse the following: Article 1.
This Act regulates a matter referred to in article 78 of the Constitution.
S. 2 in article 3 of the law of 15 May 2007 on the creation of the function of guardian of peace, to the creation of the service of the guardians of peace and the amendment of article 119bis of the new Municipal Act, as amended by the law of July 24, 2008, the following changes are made: 1 ° in the § 1 "the service of the guardians of peace is responsible" shall be replaced by the words "persons who are part of the service of the guardians of the peace are loaded";
2 ° the § 1 is supplemented by 6 ° and 7 ° written as follows: "6 ° the presence deterrent to prevent conflicts between people, including non-violent intervention in the event of verbal conflict between people;
7 ° the accompaniment of schoolchildren who move in groups, on foot or by bike, from their homes to school and vice versa. ";
3 ° § 2 is replaced by the following: "§ § 2 2" The Municipal Council or councils the common Organizer or joint organizers may or may also load the guardians of the peace constatateurs of the finding exclusively limited to the immediately noticeable situation of property which opens, for the municipality, the right to levy a tax or a fee. ".
S. 3A article 4 of the same Act, as amended by the law of July 24, 2008, the following changes are made: 1 ° the words "guardians of the peace service can organize its activities exclusively:" are replaced by the words "individuals who are part of the service of the guardians of the peace may exercise their activities exclusively:";
2 ° in 1 °, the words "for the activities referred to in article 3, § 1, 1 ° to 4 °" are replaced by the words "for the activities referred to in article 3, § 1, 1 ° to 4 ° and 6 ° and 7 °";
3 ° 1 ° is supplemented as follows: "are considered as public roads all roads and places that belong to the public network and that the road user normally has access freely and at any time. is regarded as public place public roads and areas which are part of the public domain and that are accessible to the public; ";
4 ° article is supplemented by three paragraphs worded as follows: "by way of derogation from paragraph 1, 1 °, the activities referred to in article 3, § 1, 1 ° to 7 °, can also be arranged in places accessible to the public appointed by the College of Mayor and aldermen."
Within the meaning of this Act is considered to be accessible to the public place: any place in the public domain, excluding places whose management has been transferred to a dealer, where persons other than the Manager and the people who work there have access because they are supposed to have access usually to this place, either because they are allowed to do so without being invited personally.

By way of derogation from paragraph 1, 1 °, the activities referred to in article 3, § 1, 1 ° and 2 °, may also be carried out in the areas of social housing complexes. "."
S. 4A article 5 of the Act, the following amendments are made: 1 ° in the paragraph 1, the words ' by way of derogation from the provisions of article 4, 1 °, the guardians of the peace service can operate in the same conditions as for the common Organizer, in the following locations and for the benefit of the following legal entities: "shall be replaced by the words"by way of derogation from article 4 , paragraph 1, 1 °, individuals who are part of the service of the guardians of the peace may exercise their activities under the same conditions as persons who are part of the service of the guardians of the peace of the joint organising, in the following locations and benefit the following corporations: ";
2 ° in the paragraph 1, 1 °, 'common belonging to the same police area which belongs to the municipality organising' shall be replaced by the words "other commune than the common Organizer";
3 ° in the 1st paragraph, 2 ° is replaced by the following: "2 ° in the fields that belong to a legal person of public law, after the abovementioned Agreement;";
4 ° paragraph 2 is replaced by the following: ' by way of derogation from article 4, paragraph 1, 2 °, individuals who are part of the service of the guardians of the peace may pursue their activities in the same terms as persons who are part of the peacekeepers of the joint organising service, in all places where the authority organises its events on the territory of the common recipient. ".
S.
5A article 6 of the Act, the following amendments are made: 1 ° in the § 1, paragraph 1, the words "the definition of its tasks" are replaced by the words "the definition of the activities of those who are part of the service of the guardians of the peace";
2 ° in § 2, the words "Missions of the service" are replaced by the words "The missions of people who are part of the service".
S. 6. in the same Act, it is inserted an article 6/1 as follows: "article 6/1. § 1. Two or more municipalities, belonging to the same area or several areas police, hereinafter referred to as the joint organizers, may decide to create, after approval of the respective municipal councils, a pluricommunal service of the guardians of the peace, on the basis of an agreement between the municipalities concerned.
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2. The convention includes the creation of the pluricommunal service of the guardians of the peace, the definition of its activities, the name of the municipal official in charge of managing this service, its organization, the manner in which the staff is affected and modes of financing.
§ 3. The staff which is part of the pluricommunal service of the guardians of the peace remains committed under the statute or the contract binding him to his town of origin.
§ 4. The joint organizers are jointly and severally liable towards third parties.
§ 5. Within a period of three months following the decision of the Council, the common organizers transmit the decisions of the Municipal Council to the Minister of the Interior. Agreements on the establishment of a pluricommunal service of the guardians of the peace are submitted for endorsement to the Minister of the Interior, in the same period.
§ 6. The joint organizers make public, by a decision of the Municipal Council, the creation of the pluricommunal service of the guardians of the peace, the definition of its activities and the way in which citizens can file a complaint with the joint organizers for this pluricommunal service of the guardians of the peace.
§ 7. The joint organizers conclude with the police or, where appropriate, the police zone, a convention on the designation of a contact person within the service police or police area, mentioning the nature of the exchange of information, as well as the concrete agreements on the subject in the exercise of activities within the joint organizers.

§ 8. For the guardians of the peace constatateurs who so wish, the joint organizers may or may ensure, where appropriate with the municipalities of the same police zone, access to an accompaniment and preparation for access to the police officer selection tests.
The police Council may take into account the guardians of the peace-constatateurs from the area of police in question and having passed the selection tests of police in its recruitment strategy officer. "."
S. 7. at section 7 of the Act, as amended by the law of July 24, 2008, the following changes are made: 1 ° in the § 1, paragraph 1, the words "article 3, § 1, 1 °, 2 °, 3 ° or 5 °" are replaced by the words "article 3, § 1, 1 °, 2 °, 3 °, 5 °, 6 ° or 7 °";
(2) there is inserted a § 1/1 as follows: "§ 1/1." That, for the benefit of the municipality, help exclusively children, schoolchildren, disabled and elderly to cross safely and/or persons who perform work of strategic and conceptual nature, are not considered to be guardians of the peace.
By way of derogation from article 2, paragraph 1, the commune is provided, in this case, the creation of a service of the guardians of the peace. "."
S. 8. in article 8, paragraph 1, 4 °, of the Act, the words "and to the less successful upper secondary education" are inserted between the words "having Belgian nationality" and the words "and with regard to the guardians of the peace".
S.
9. in the same Act, it is inserted an article 8/1 as follows: "article 8 / ' 1. the municipal official responsible for directing of the peacekeepers or the pluricommunal service of the guardians of the peace must have the skills and sufficient knowledge of team management, operation and organization of communal services and the rights and duties of the guardians of the peace. "."
S.
10 A article 10 of the same Act, as amended by the law of July 24, 2008, the following changes are made: 1 ° two paragraphs worded as follows shall be inserted between paragraphs 1 and 2: "the registration to the training initiative is free. The candidate can only participate in training if it meets the following conditions:

1 ° having presented an extract from the criminal record, dating back to maximum six months, it is clear that he has not been sentenced for offences referred to in article 8, paragraph 1, 2 °;
2 ° presenting an identity document or a history of population register indicating that it conforms to article 8, paragraph 1, 4 °.
The school can not register a candidate who does not meet the conditions laid down in paragraph 2. ';
2 ° in paragraph 2 becomes paragraph 4, 1 ° is supplemented by the words "and particularly in the context of relations with the police and security services";
3 ° in paragraph 2 becomes paragraph 4, 5 ° is replaced by the following: "5 ° the management of conflicts, including the positive management of conflicts with minors;";
4 ° paragraph 2 becomes paragraph 4, is supplemented by the 8 ° and 9 ° written as follows: "8 ° skills writing;"
9 ° sport/fitness. ";
5 ° a paragraph worded as follows is inserted between paragraphs 2 and 3 becoming subparagraphs 4 and 5: "a review is conducted for all taught branches.
The candidate has passed if it obtained for each branch minimum 50% of points and minimum 60% of the points for the total of all branches. Only the candidate who succeeded is empowered to initiate the formation of guardian of the peace-adhesion. Otherwise, it is empowered only to serve as guardian of peace. "."
S. 11 A section 12 of the Act, the following amendments are made: 1 ° in the § 1, paragraph 1, the first sentence is supplemented by the words ", which the model was determined by the Minister of the Interior".
2 ° in § 2, the words "Mayor of the joint organising" are replaced by the words "Minister of Interior".
S. 12. the title of chapter V of the Act is supplemented by the words "and sanctions".
S. 13. article 17 of the Act is supplemented by a paragraph 3, as follows: "§ § 3 3" The Minister of the Interior is competent to impose the sanctions referred to in article 17/1, in accordance with a procedure determined by the King."
S. 14. in the same Act, it is inserted an article 17/1, as follows: "article 17/1. In the event of infringement of articles 11, 12, § 1, 13 and 15 or a provision of an enforcement order and if it is determined that one or more of these offences result from the fact the employer, employers or the municipal official responsible for the management of the service of the guardians of the peace, or the service pluricommunal of the guardians of the peace, the College of Mayor and aldermen of the municipality which has established the service of peacekeepers or, as the case may be, the College of Mayor and aldermen of each municipality which has established the pluricommunal service of the peacekeepers is notified by registered mail.
Sending at least mentions the infringement and the time limit of three months minimum and maximum six months available to the municipality or have, in the case of a pluricommunal service of the guardians of the peace, the Commons to terminate the infringement.
If it is found after the expiry of the period mentioned in the first warning, the offence has not ceased, the municipality is notified or in the case of a pluricommunal service of the guardians of the peace, the Commons are warned a second time by registered post.
If it is found that the municipality has not or, in the case of a pluricommunal of the guardians of the peace, the Commons did not terminate the offence reported within a period of ninety days after the receipt of this second warning, an administrative fine of 1.000 to 2.500 euros per peacekeeper in violation will be imposed on the commune Organizer or beneficiary , as the case may be. In the case of a pluricommunal service of the guardians of the peace, the joint organizers determine themselves the distribution key to pay the fine. "."
S.
15. in article 18, 2 °, of the same Act, amended by the law of July 24, 2008, the words "article 3, § 1, 3 °, 4 ° and 5 ° ' shall be replaced by the words" article 3, § 1, 3 °, 4 °, 5 ° and 7 ° ".
Promulgate this Act, order that it be under the seal of the State and published in the Moniteur belge.
Given in Brussels on January 13, 2014.
PHILIPPE by the King: the Minister of the Interior, Mrs. J. MILQUET sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note records of the House of representatives (www.lachambre.be): 53-3223-2013/2014: No. 1: Bill.
No. 2: amendments.
No. 3: report.
No. 4: Text adopted by the commission.
No. 5: Text adopted in plenary meeting and transmitted to the Senate.
Full record: 17 and 18 December 2013.
The Senate (www.senate.be) documents: 5-2421-2013/2014: No. 1: project referred by the Senate.
No. 2: report.
No. 3: Decision not to amend.
Annals of the Senate: 18 and 19 December 2013.