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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
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DECREE No. 226.-
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
CONSIDERING:
I.-That in accordance with the Constitution the National Civil Police will be responsible for the functions of Urban and Rural Police, which must guarantee order, security and public tranquility with strict
Public security is a responsibility of the State and must be provided through the National Civil Police, which is a professional body that is alien to all partisan and subordinate activities. civil authority;
III.-That for the purpose of preserving the goods of the State, of the autonomous institutions and the municipalities, however it is the responsibility of the Police to guarantee the security in all aspects, in many opportunities It makes it necessary to have own security services or to hire them with private companies provide such services, which makes it necessary to regulate the provision of services, so it is appropriate to issue provisions leading to this effect;
THEREFORE,
in use of its constitutional powers and on the initiative of the Deputies Jose Manuel Melgar Henriquez, Rodrigo Avila Aviles, Jose Antonio Almendariz Rivas, Juan Ramon Medrano Guzman, Rosario Acosta, Nelson Napoleon Garcia Rodriguez, Isidro Antonio Caballero Caballero, Juan Mauricio Estrada Linares, Hector Nazario Salaverria Mathies, Nelson Funes, Louis Agustín Calderón Cáceres, Carlos Walter Guzmán Coto, Agustín Díaz Saravia and Ernesto Angulo,
DECRETA the following:
LAW OF STATE SECURITY SERVICES, AUTONOMOUS INSTITUTIONS AND MUNICIPALITIES
CHAPTER I OBJECT AND FIELD OF LAW ENFORCEMENT
Art. 1. This Law is intended to regulate, register and control the security services of the fundamental organs of the Government and the other institutions of the State, including autonomous officers and municipalities; also the hiring of private services with companies that lend this class of good.
Art. 2. The units of surveillance and protection of the heritage of the Government Bodies, autonomous official institutions and municipalities shall be subject to the provisions of this law.
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
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Art. 3.-The fundamental organs of the Government and the other institutions of the State, including autonomous officers and municipalities, may have their own protection services of their officials or their assets, prior to registration in the Unit in charge of the National Civil Police.
For such purposes the corresponding items will be created in the General Budget of the Nation; the security personnel, will be appointed under the contract system and their services will conclude a the period or the appointment of the official to whom he has been assigned shall apply; or loss of trust due to the service provided.
These bodies or units shall be strictly limited to the protection of officials or property of such entities, or to the provisions of their laws of creation and regulations that develop the same, not being able to perform another activity class.
Art. 4. Municipal mayors will be able to count on bodies of municipal agents who will also have the functions to be established by municipal ordinances as long as they do not contravene the law.
CHAPTER II REGISTER AND CONTROL
Art. 5.-It will be the obligation of state entities, autonomous and municipal institutions, to refer to the National Civil Police, the following information:
a. Detailed payroll of the surveillance and protection personnel, which shall comprise the personal data and check that each one complies with the requirements of Article 8 of this law;
b. Inventory of armaments, ammunition and other equipment;
c. General description of the operation of surveillance and protection tasks;
d. Design of the uniform that will be used by its members, which will not be similar to that used by the National Civil Police, the National Academy of Public Security or the Armed Forces of El Salvador; and
e. Report the layoffs of the security personnel and the reasons that motivated them.
It will also be up to these entities to notify the National Civil Police immediately, any changes in the information contained in the numbers. to keep records of it up to date.
Any requirement of the National Civil Police must be answered with the prompt of the case.
Art. 6.-When, for reasons of the service provided or the nature of the activities of the State entities, autonomous and municipal institutions, their personnel of surveillance and protection perform their duties jointly with the Police National Civil, must maintain proper coordination with the Corporation, as well as lend its collaboration to it when required.
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
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Art. 7.-The surveillance and patrimonial protection units of state entities, autonomous and municipal institutions may only have or carry weapons and ammunition permitted by law.
CHAPTER III REQUIREMENTS AND DUTIES OF PERSONNEL SECURITY
Art. 8.-All personnel hired by public institutions to perform as security agents must comply with the following requirements:
a. Be Salvadoran or resident for more than five years of stay in the country;
b. Be over 18 years of age;
c. Possess at least one level of study not less than sixth grade;
d. Be in good mental health and in acceptable physical conditions for the function that you will perform under medical certification;
e. Present constances of lack of criminal and police records;
f. Be in full enjoyment of your citizen's rights;
g. Undergo and pass a psychotechnical examination at the National Academy of Public Safety as a requirement for entry into the respective training course;
h. Receive and approve a training course taught by the National Academy of Public Security; and
i. When using firearms they must have the corresponding license.
Art. 9.-The security employees established in this law, have the right to enjoy the benefits contained in the labor laws and also to a life insurance whose amount may not be less than that granted by the State, the Autonomous Institutions or Municipalities to other servers, as the case may be.
Art. 10.-In the event of a conflict of work between the security personnel and their employers who interrupt or suspend the service, the Manager or the highest management authority of the same, will make available to the National Civil Police the all the weapons, ammunition and security equipment they possess.
Likewise from the time and day when the security services personnel go on strike, they will not be able to wear the uniforms and flags authorized by the National Police. Civil.
When the employment situation is normalized, the restitution of the services will be authorized, for which will be returned to the armament, ammunition and equipment retained by that cause.
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
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CHAPTER IV GENERAL PROVISIONS TO PREVIOUS CHAPTERS
Art. 11.-All the institutions referred to in this law that have their own security services shall have an adequate record of all their personnel, weapons, ammunition and equipment, which shall be regularly updated.
Art. 12.-In all matters relating to professional conduct, the staff referred to in this law shall be governed by the rules contained in the respective laws, ordinances and regulations as appropriate, provided that they do not oppose other provisions governing public security matters.
Allowing, inciting or tolerating actions constituting crimes by security members shall make the official who admits to be a criminal liability such acts.
Art. 13.-In the case of the hiring of private security services by the institutions of the State, the autonomous institutions or the municipalities, the companies with whom they hire them must be duly authorized by the Police. National Civil.
Art. 14.-The institutions referred to in this law shall provide the security personnel with equipment necessary for the performance of their duties and have adequate facilities for the storage of weapons, ammunition and equipment in general.
When they provide training for the use of firearms and shooting practices for security personnel, they must be carried out in facilities authorized by the Ministry of National Defense, in accordance with the provisions of the Arms Law. Fire, Ammunition, Explosives and Similar Articles.
Art. 15.-The work performed by the security personnel of the institutions referred to in this law shall not be considered to be an auxiliary activity of the administration of justice; but they are obliged to immediately inform the Attorney General of the Republic and the corresponding Unit of the National Civil Police, the commission of those criminal acts, who in the performance of their duties committed their elements as well as those who are of trade that in the performance of such functions had knowledge.
Art. 16.-When a member of the security services referred to in this law does not comply with the requirements established by the Director of the National Civil Police, he may recommend his relocation or removal in his case.
Art. 17. Failure to comply with this law shall give rise to the official's responsibility to incur administrative responsibility, without prejudice to the criminal liability to which it occurs.
Art. 18.-The Director of the National Civil Police, having knowledge of indications that this law is not being complied with, will make it known in writing to the appropriate authority to explain the case; if they are not satisfactory, the Court of Auditors of the Republic shall be informed for the corresponding legal effects and the Attorney General of the Republic to act in accordance with the law.
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
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CHAPTER V SPECIAL, TRANSIENT, AND EFFECTIVE PROVISIONS OF THE LAW
Art. 19.-REPEALED BY (D.L. No. 1114/03)
Art. 20.-The security personnel of the Deputies to the Legislative Assembly, in compliance with their duties, are authorized to carry the assigned equipment weapon, even in public events, as long as they are in service.
The Police National Civil will provide the equipment weapons to this personnel and will exercise control of it.
Art. 21.-When a member of the security of the deputies will stop providing his services for any cause, he must immediately return the weapon of equipment to the National Civil Police.
Art. 22.-The security personnel currently serving the deputies, appointed by the National Civil Police, upon entry into force of this law, may be hired and assigned to the same official by the Legislative Assembly in which Case for the corresponding legal effects will not lose their seniority.
Art. 23.-The Rules of Procedure of the Legislative Assembly shall establish the number of security personnel to be held by the owners or alternates.
Art. 24.-This Decree will enter into force eight days after its publication in the Official Journal.
GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, at the fourteen days of the month of December of the year two thousand.
CIRO CRUZ ZEPEDA PENA, PRESIDENT.
WALTER RENE ARAUJO MORALES, JULIO ANTONIO GAMERO QUINTANILLA, VICE-PRESIDENT. VICE PRESIDENT.
CARMEN ELENA CALDERÓN DE ESCALA, JOSÉ RAFAEL MACHUCA ZELAYA, SECRETARY. SECRETARY.
ALFONSO ARISTIDES ALVARENGA, WILLIAM RIZZIERY PICHINTE, SECRETARY. SECRETARY.
RUBEN ORELLANA, AGUSTIN DÍAZ SARAVIA, SECRETARY. SECRETARY.
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
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CASA PRESIDENTIAL: San Salvador, at the twenty-one day of December of the year two thousand.
PUBLISH, FRANCISCO GUILLERMO FLORES PÉREZ,
President of the Republic.
Francisco Rodolfo Bertrand Galindo, Minister of Security Public and Justice.
D. O. N/ 18 Took N/ 350 Date: January 24, 2001.
PARTIAL REPEAL:
D.L. NO 1114, JANUARY 9, 2003; (Art. 19) D.O. Nº 24, T. 358, FEBRUARY 6, 2003.
TRANSIENT PROVISIONS:
TRANSITIONAL PROVISION CONCERNING THE PAYMENT OF SALARIES OF MEMBERS OF THE SECURITY OF DEPUTIES (Art. 19) D.L. Nº 497, JULY 26, 2001; D.O. NO. 174, T. 352, SEPTEMBER 17, 2001.
TRANSITIONAL PROVISION RELATING TO THE PAYMENT OF SALARIES OF DEPUTIES ' SECURITY PERSONNEL. D.L. NO. 917, 11 JULY 2002; D.O. NO. 153, T. 356, AUGUST 21, 2002.
TRANSITIONAL PROVISIONS FOR THE RENEWAL OF THE OPERATING AUTHORIZATION OF PRIVATE SECURITY COMPANIES. D.L. No. 466, SEPTEMBER 16, 2010; D.O. NO. 192, T. 389, OCTOBER 14, 2010. EXTENSION:
D.L. No. 885, OCTOBER 13, 2011, D.O. No. 192, T. 393, OCTOBER 14, 2011.
SV 29/10/2010
ngcl 5/11/10
ROM 26/10/2011
