The Congress Interior Committee will constitute this Tuesday the rapporteurship responsible for reporting on the Organic Law Proposal that modifies article 80 of the General Penitentiary Organic Law (1/1979) to recognize the status of agents of authority for Penitentiary Institutions officials.
The initiative was promoted by PSOE in the summer of 2024, with the support of a broad parliamentary majority, to strengthen the legal protection of prison workers, providing them with greater legal coverage and the presumption of veracity in the exercise of their duties, especially in contexts of conflict in penitentiary centers.
A reform with broad support in different parliamentary phases
In parallel, other measures that pursue the same horizon are undergoing parliamentary processing. Although the current text under processing corresponds to the PSOE's proposal, the issue has had a broad cross-party political consensus in different parallel initiatives.
Groups like the Popular Party and Vox have at different times promoted similar proposals or coinciding amendments, which reflects a recurrent debate in the Chamber on the legal status of prison staff.
In this regard, in November 2024, with 295 votes in favor, 40 against and 11 abstentions out of the 346 cast, the Organic Law Proposal presented by the PP to modify the aforementioned norm passed its consideration in Congress, thanks to the support of PSOE, PNV, UPN, CC and Vox.
More legal protection and probative value of its functions
According to the PSOE, the recognition as agents of authority will provide greater legal certainty to the daily work of prison officials and will prevent the existence of disparate judicial rulings. Furthermore, the proposal contemplates that their statements and reports may have probative value in disciplinary proceedings regulated by the norm.
The initiative also incorporates measures related to the protection of officials in the exercise of their duties, including their separation from the rest of inmates in case of entry into prison by condemnatory sentence, as well as the reinforcement of their security in professional performance.
The socialist text also proposes to guarantee compensation by the Administration in cases of material or personal damages derived from the exercise of their activity, provided that there is no intent or gross negligence.
Work of report in the Interior Commission
With the constitution of the rapporteurship, now begins the phase of technical analysis and parliamentary negotiation of the text, in which the designated deputies will study the amendments presented and will prepare the report that will serve as the basis for the debate in committee.
This step occurs after the completion of the report, which has been incorporating modifications from the different groups, and opens the door to the next stage, the debate and vote in the Interior Committee.
A journey still pending until its definitive approval
After its passage through committee, the initiative must be debated in the Plenary of Congress, where, being an organic law, it will need an absolute majority to continue its processing.
If it passes that vote, the norm will be sent to the Senate, which may approve it, introduce amendments or veto it before its return to the Lower House for its definitive approval and subsequent publication in the Official State Gazette (BOE).