Summary of Bill PS 1329 (Session 2025-2028, Puerto Rico)
Main purpose and intent
- PS 1329 seeks to amend Articles 8, 13, and 15 of the Civil/Administrative Confiscation Law (Ley Núm. 119-2011, as amended), and to add a new Article 15A.
- The core goal is to clarify how criminal, civil, or administrative determinations affect challenging confiscations; require a substantial evidentiary connection between the confiscated property and the alleged crime; strengthen protections for innocent owners and third-party interests; and impose additional minimum requirements for confiscation notice.
- The measure aims to balance State confiscation powers with due process protections for property owners and third parties.
Key provisions and changes
1) Article 8 – Confiscation process
- Reinforces that confiscation is a civil, in rem process separate from any criminal/civil/administrative proceedings.
- The confiscation process can proceed before, during, or after criminal proceedings, and guilt or innocence in another proceeding does not automatically determine confiscation.
- Introduces a requirement of a substantial evidentiary connection: the confiscated property must be shown to have been used, destined, facilitated, or substantially linked to a crime for which confiscation is authorized.
- Explicitly rejects automatic application of the collateral estoppel doctrine (Impedimento Colateral por Sentencia) in confiscation challenges, except under specific circumstances such as an express adjudication in another proceeding.
2) Article 13 – Notification of confiscation
- Adds detailed notification requirements to inform owners/holders:
- Person in physical possession, probable owners, vehicle owners and conditional lienholders, and mortgagees of real property.
- Minimum content for notice includes: description of the property, its valuation, occupation details, the legal basis, a general description of facts linking the property to the crime, rights to challenge, defenses (including lack of substantial connection, innocent owner, and third-party interest), and jurisdictional timelines.
- Extends notice to address vehicle-specific procedures under other laws; clarifies timelines and special handling when property is held for ongoing investigations (e.g., police custody and a 90-day cap on investigation progress for certain cases).
3) Article 15 – Impugnación (Challenge to confiscation)
- Establishes that notified parties who claim ownership can challenge confiscation within 30 days by filing a suit against the Commonwealth and the authorizing official.
- The Secretary of Justice represents the State; the case proceeds in the superior court and must be expedited, with a 6-month adjudication target from answer filing, extendable by up to 30 days with consent.
- Creates a presumption of legality and correctness of confiscation, shifting the burden to the plaintiff to prove illegality.
- Allows consideration of related penalties/decisions from other proceedings in evaluating the confiscation challenge.
4) Article 15A – Defensa de propietario inocente y tercero con interés legítimo
- Introduces an affirmative defense for innocent owners or third-party interest holders.
- Requires the plaintiff to prove: ownership/interest existed at the time of seizure, no participation in the crime, no knowledge or reasonable foreseeability of illicit use, and, where applicable, reasonable preventive measures.
- If applicable, the court may declare total/partial illegality, order return of the property, recognize the interest, or award damages.
- The defense does not bar pursuing confiscation of interests held by someone who participated or knowingly facilitated the crime.
Applicability and timeline
- Provisions related to notice apply to confiscations issued after the law’s effective date.
- Provisions on challenges, substantial connection, and innocent-owner/third-party defenses apply to disputes filed after the effective date and to ongoing proceedings where a final ruling has not yet been issued.
- The law emphasizes prompt adjudication and protections for third-party rights without reopening final, previously concluded confiscation decisions.
Potential impact
- Tighter evidentiary standard (substantial connection) before confiscating property.
- Stronger protections for innocent owners and creditors (insurers, lenders, lessees, etc.) who may have legitimate interests.
- More robust and transparent notice to affected parties.
- A formal, expedited procedure for challenging confiscations, with a defined burden of proof and potential remedies (including return of property or recognition of interests).
Note: The bill preserves the civil, in rem nature of confiscations while enhancing due process and balancing state interests with private property protections.
