belgiquelex.be - Carrefour Bank of Legislation

3 AOUT 2012. - An Act to amend the Act of 10 April 1990 regulating private and special security and repealing the Royal Decree of 4 April 2006 on the delimitation of the premises, being part of the infrastructure operated by public transit companies, to which the provisions referred to in chapter IIIbis of the Act of 10 April 1990 regulating private and particular security, are applicable, with a view to strengthening public transport security

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendments to the Act of 10 April 1990 regulating private and special security
Art. 2. Section 13.1., of the Act of 10 April 1990 regulating private and special security, inserted by the Act of 27 December 2004, is replaced by the following:
“Art. 13.1. § 1^er. Notwithstanding the other provisions of this Act, the provisions referred to in this chapter shall apply only:
1° to the security services referred to in Article 1^er§ 11 and security officers belonging to a security service;
2° in all areas that are part of the infrastructure operated by public public transit companies and transport vehicles.
§ 2. With regard to the security service that is part of the public public public public public transit society owned by SNCB companies, the security officers referred to in § 1^er, 1°, may exercise their skills in places accessible or not to the public and in transport vehicles belonging to the companies of the SNCB group, except:
(a) the infrastructure provided in concession to third parties except in the case of a cooperation agreement with the concessionaire and in the manner determined by the agreement referred to above;
(b) roads that constitute a public road, except for underground passages and bridges.
§ 3. With regard to regional public transit companies that organize metro, tram and bus services, the security agents referred to in § 1^er, 1°, may exercise their skills:
(a) in places accessible or not to the public and owned by these companies, including surface infrastructure accessible to the public, tram and bus stations that the company defines as being located on the surface, underground pre-metro stations with the exception of the infrastructure provided in concession to third parties except in the case of a cooperation agreement with the concessionaire and in the manner determined by the agreement referred to above;
(b) in transport vehicles used by these transport companies, including vehicles used in order and on behalf of the transport company.
§ 4. In the event of a cooperation agreement between public transit companies, security officers may exercise their competence in the places and vehicles of transport of other transport companies according to the conditions set out in the above-mentioned agreement.
§ 5. Exceptionally, security officers may exercise their skills on the public highway under the following cumulative conditions:
1° in the event of a traffic accident or a crime of common law or a crime committed or in the event of a conduct that seriously endangers the safety of third parties or that of the person concerned;
2° in a perimeter of 15 meters located around the vehicle of the public transport company;
3° in the event of the absence of the police services and pending the arrival of the police. »
Art. 3. Section 13.7 of the Act, inserted by the Act of 27 December 2004, is replaced by the following:
"Art.13.7. The decision to use the possibilities set out in sections 13.5 and 13.6 is taken by the Minister of the Interior on the proposal of the public transport company. »
Art. 4. Section 13.11. of the Act, inserted by the Act of 27 December 2004, is replaced by the following:
"By derogation from Article 8, § 11, the security officers referred to in this chapter may request persons to submit or transmit identity documents, control, copy or retain them, in the following cases:
1° after the person concerned committed a common law offence or a crime or if he or she has or has had a conduct seriously endangering the safety of third parties or his or her own;
2° to verify compliance with the regulations in force in respect of public transport or in the event of a breach of the regulations mentioned above.
The security officer shall notify the person concerned that he may be detained under section 13.12 if he refuses to identify himself or gives an identity that is false.
The security officer may only control, copy or retain the identity document during the time required to verify the identity. He must then immediately return this document to the interested party. »
Art. 5. Section 13.12. of the Act, inserted by the Act of 27 December 2004, is replaced by the following:
"Art. 13.12. § 1^er. Security officers may retain persons if the following conditions are cumulatively met:
1° the interested person has:
(a) committed a crime of common law or a crime or, if a minor, a act described as a common law offence or a crime;
(b) committed an offence under the existing regulations on public transport, thereby seriously endangering the safety of third parties or their own;
(c) after the warning referred to in 13.11, paragraph 2, clearly refused to identify by any means or gave an identity which, after contact with the competent authorities, proved to be false;
2° the security officer in charge of detention or a member of the public public public transit company or five persons whose identities are immediately identified by the security officer or a staff member of the transport company have been eyewitnesses of this offence or as a result;
3° the detention occurs immediately after the facts referred to in 1° were committed and found;
4° immediately after detention, a police service is informed. If the retention occurs in a moving vehicle, the warning must be made at the latest at the time the person is removed from the vehicle;
5° the interested person is subtracted as quickly as possible to the public.
§ 2. Until police officers arrive, the individual remains under the direct supervision of the security service. It is forbidden to lock the interested person or attach it to a place by any means.
§ 3. Immediate detention must be terminated:
1° if the police service informs that it will not come on site;
2° if the police service warns that it will not come at a later date:
(a) within two hours of the warning in the event of a crime of common law or of a crime or of conduct that seriously endangers the safety of third parties or that of the person concerned;
(b) within thirty minutes of the warning in the event of a manifest refusal to identify or the communication of an identity which, after contact with the competent service, proved to be false;
3° if the police service informs that it will arrive on site, but that the police officers called are not on site at a later date within the 2° deadline.
Retention may not last longer than circumstances warrant. In any case, detention may not last more than two hours in the case referred to in § 3, 2°, (a) and thirty minutes in the case referred to in § 3, 2°, (b), without prejudice to article 34, § 4 of the law of 5 August 1992 on the police function. »
Art. 6. In section 13.15 of the Act, inserted by the Act of 27 December 2004, the words "subsections 13.5. and 13.12-13.14 are each time replaced by the words "Articles 13.1, § 5, 13.5 and 13.11 to 13.14".
Art. 7. ÷ article 13.16, paragraph 2, of the same law, inserted by the law of 27 December 2004, the words "sections 13.5 and 13.12 to 13.14" are replaced by the words "sections 13.1, § 5, 13.5 and 13.11 to 13.14".
CHAPTER 3. - Abrogatory provision
Art. 8. The Royal Decree of 4 April 2006 on the delimitation of the premises, which is part of the infrastructure operated by public public transit companies, to which the provisions referred to in chapter IIIbis of the Act of 10 April 1990 regulating private security in particular apply, is repealed.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given at Châteauneuf-de-Grasse, August 3, 2012.
ALBERT
By the King:
The Minister of the Interior,
Ms. J. MILQUET
Seal of the State Seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Session 2011-2012
House of Representatives
Documents. - 2323
Senate
Document. - No. 5-1762