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LAW No 73 691 of April 15th, 1999 relative to

Municipal police

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NOR:

The National Assembly and the Senate adopted,
The promulgates the law whose content follows:

TITRATE

PROVISIONS AMENDING THE GENERAL CODE OF THE AUTONOMOUS REGIONS AND THE CODE OF THE COMMUNES

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Item 1st

The second subparagraph of the item L 2012 5 of the general code of the autonomous regions is thus written:

“They are charged to ensure the execution of the closures of font of the mayor and to note by official reports the infringments with the known as closures. Without prejudice of competences which are reserved for them by special laws, they also note by official reports the infringments with the provisions of the highway code whose list is fixed by decree as a Council of State. ”

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 Article 2

It is inserted, in the general code of the autonomous regions, an item L 2272 6 thus written:

“Article L 2272 6. - Since a police service municipal contains at least five uses of police officer municipal, a Convention of coordination is concluded between the mayor of the commune and the representative from the State in the department, after opinion of the public prosecutor. A decree in determines the clauses of a standard Convention.

“This Convention specifies the nature and the places of the interventions of the police officers municipal. It determines the procedures according to which these interventions are coordinated with those of the font and the gendarmerie main roads.

“In the absence of Convention, the missions of municipal police can be exerted only between 6 a.m. and 23 hours, except for the static guards of the communal ships and the monitoring of the ceremonies, festivals and rejoicings organized by the commune.

“A Convention of coordination can also be concluded, at the request of the mayor, when a police service municipal counts less than five uses of police officer municipal. ”

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 Article 3

It is inserted, in the general code of the autonomous regions, an item L 2542 7 thus written:
“Article L 2542 7. - An advisory commission of the municipal police is created near the home secretary. It is made up for a third party of representatives of the mayors of the communes employing of the police officers municipal, for a third party of representatives of the State and, for the last third party, representatives of the police officers municipal chosen by the trade-union organizations representative of the territorial officials. It is chaired by a mayor elected in his bosom, which has casting vote in the event of equal sharing of the voting rights.

“A decree in defines the modes of enforcement of this item. ”

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 Article 4

It is inserted, in the general code of the autonomous regions, an item L 2272 8 thus written:
“Article L 2272 8. - At the request of the mayor, of the representative of the State in the department or the public prosecutor, and after opinion of the advisory commission of the municipal police, the home secretary can decide checking of the organization and operation of a police service municipal. He lays down the procedures of them after consultation of the mayor. This checking can be operated by the services of general inspection of the State. Its conclusions are transmitted to the mayor of the commune concerned, to the representative of the State in the department and to the public prosecutor. ”

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 Article 5

It is inserted, in the general code of the autonomous regions, an item L 2416 9 thus written:
“Article L 2416 9. - At the time of an exceptional demonstration, in particular in cultural, entertaining or sporting matter, at the time of an surge important of population or in the event of natural catastrophe, the mayors of communes bordering or pertaining to the same agglomeration can be authorized to use jointly, on the territory of one or more communes, for a given period of time, whole or part of the means and payrolls of their police services municipal. This faculty is exerted exclusively as regards administrative font.

“This joint use of the means and payrolls is authorized by closure of the representative of the State in the department which into fixed the conditions and the procedures within sight of the proposals of the mayors of the communes concerned. ”

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Article 6

The item L 2562 92 of the general code of the territorial collectivities is thus written:

“Article L 2562 92. - The agents of the town of Paris in charge of the implementation of the regulation of the parks and walks and the general regulation on the cemeteries of the town of Paris are authorized to note the infringements with their provisions. They must be approved by the public prosecutor and sworn in. The item L. 48 of the public health code is applicable to the inspectors of healthiness of the town of Paris. ”

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Article 7

The item L 913 50 of the code of the communes is thus written:

“Article L 913 50. - The functions of police officer municipal can be exerted only by territorial officials recruited for this purpose under the conditions fixed by the decrees as a Council of State provided for at article 6 of the law No 84-53 of the bearing January 26th, 1984 statutory provisions relating to the territorial public function.

“They are appointed by the mayor, are approved by the representative of the State in the department and the public prosecutor, then sworn in.

“Approval can be withdrawn or suspended by the representative of the State or the public prosecutor after consultation of the mayor. The mayor can then propose a reclassification within another framework of employment under the same conditions as those provided for with section 3 of chapter VI of the law No 84-53 of the above mentioned January 26th, 1984, except for those mentioned with the second subparagraph of article 81. ”

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Article 8

Sub-section 1 of section 5 of chapter II of the bond of book IV of the code of the communes is supplemented by an item L 482 54 thus written:

“Article L 482 54. - When the nature of their interventions and the circumstances justify it, the municipal can be authorized by name by the representative of the State in the department, on reasoned request of the mayor, to carry a weapon, subject to the existence of a Convention provided for by the item L 2272 6 of the general code of the autonomous regions.

“A decree in specifies, by type of mission, the circumstances and the conditions under which the police officers municipal can carry a weapon. It determines, in addition, the categories and the types of weapons likely to be authorized, their conditions of acquisition and conservation by the commune and the conditions of their use by the agents. It specifies the procedures of the formation which the latter receive for this purpose. ”

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Article 9

Sub-section 1 of section 5 of chapter II of the bond of book IV of the code of the communes is supplemented by an item L 712 98 thus written:

“Article L 712 98. - The business card, the behavior, the indication of the vehicles of service and the types of equipment with which the police officers are equipped municipal are the subject of an identification common to all the police services municipal and likely to not involve any confusion with those used by the national police force and the national police. Their characteristics as well as the categories and the technical standards of the equipment are fixed by decree as a Council of State after opinion of the advisory Commission of the municipal police provided for at the item L 2542 7 of the general code of the autonomous regions.
“The port of the business card and that of the behavior are obligatory during the service. ”

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Article 10

Sub-section 1 of section 5 of chapter II of the bond of book IV of the code of the communes is supplemented by an item L 222 58 thus written:

“Article L 222 58. - A code of practice of the police officers municipal is established by decree as a Council of State after opinion of the advisory commission of the municipal police. ”

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Article 11

The item L. 441-1 of the code of the communes is thus written:

“Article L. 441-1. - The provisions of this book are applicable in the departments of the Low-Rhine, Haut-Rhin and the Moselle, subject to the provisions provided for in the present chapter. ”

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Article 12

The items L 474 27 and L. 441-3 of the code of the communes are repealed.

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CONTAIN II

PROVISIONS AMENDING
THE CRIMINAL PROCEDURE CODE

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Article 13

It is inserted, in the criminal procedure code, article 21-2 thus written:

“Article 21-2. - Without prejudice of the obligation to report to the mayor that they hold of article 21, the police officers municipal report immediately to any judiciary police officer of the national police force or the national police qualified of all crimes, offenses or infringments of which they are informed.

“They address without delay their reports and official reports simultaneously to the mayor and, via the judiciary police officers mentioned with the preceding subparagraph, the public prosecutor. ”

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Article 14

The beginning of the second subparagraph of article 62-1 of the criminal procedure code is thus written:

“Personnel aimed to articles 16 to 29 convergent with the procedure… (the remainder without change). ”

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Article 15

The heading of chapter III of bond II of the book of the criminal procedure code is thus written:

“Of controls, the checks
and of the recordings of identity”

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 Article 16

It is inserted, in the criminal procedure code, article 78-6 thus written:

“Article 78-6. - The mentioned with the 2o of article 21 are entitled to note the identity of the contraveners to draw up the reports relating to of the infringments to the closures of font of the mayor, of the infringments to the motor vehicle laws that the law and the regulations authorize them to charge or of the infringments which they can note under the terms of a legislative measure .

“If the contravener refuses or is unable himself to justify of his identity, the police officer municipal reports from there immediately to any judiciary police officer of the national police force or the national police qualified, which can then order to him without delay to at once introduce the contravener to him. In the absence of this command, the police officer municipal cannot retain the contravener. When the judiciary police officer decides to carry out an identity check, under the conditions provided for in article 78-3, the time provided for with the third subparagraph of this item runs as from the recording of identity. ”

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 Article 17

I. - article 529-4 of the criminal procedure code is supplemented by two paragraphs thus written:

“II. - In the absence of immediate payment between their hands, the agents of the operator, if they were approved by the public prosecutor and were sworn in, and only when they carry out the control of the existence and the validity of the bonds of passenger transport, are entitled to note the identity and the address of the contravener.

“If the contravener refuses or is unable himself to justify of his identity, the agent of the operator reports from there immediately to any judiciary police officer of the national police force or the national police qualified, which can then order to him without delay to at once introduce the contravener to him. In the absence of this command, the agent of the operator cannot retain the contravener. the judiciary police officer mentioned with the present subparagraph decides to carry out an identity check, under the conditions provided for in article 78-3, the time provided for with the third subparagraph of this item runs as from the recording of identity.

“It is put an end immediately to the procedure provided for with the preceding subparagraph if the contravener carries out the payment of the fixed allowance.

“III. - The conditions for application of II of this item are fixed by decree as a Council of State. This decree specifies in particular the conditions under which the agents of the operator must, at the expenses of this last, to follow a specific training in order to be able to obtain the approval delivered by the public prosecutor. It defines in addition the conditions under which the representative of the State adopts the organization that the operator stops for purposes ensuring above mentioned controls and the procedures of coordination and transmission of information between the operator and the font or the gendarmerie main roads. ”
II. - The last sentence of the first subparagraph of article 23 of the law of July 15th, 1845 on the font of the railroads is thus written:

“Has this end, this personnel are entitled according to the cases to collect or note the identity and the address of the contravener, according to the procedures and under the conditions provided for by article 529-4 of the criminal procedure code. ”

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 CONTAIN III
STATUTORY PROVISIONS

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 Article 18

Sub-section 1 of section 5 of chapter II of the bond of book IV of the code of the communes is supplemented by an item L 252 65 thus written:

“Article L 252 65. - In addition to the initial training of which they profit pursuant to the provisions of the law No 84-53 of the above mentioned January 26th, 1984 and the law No 25 534 of July 12th, 1984 relating to the formation of the agents of the territorial public function and supplementing the law No 84-53 of the above mentioned January 26th, 1984, the officials mentioned with the item L 913 50 receive an continuing education exempted in the course of career and adapted to the needs for the services, with a view maintain or perfect their professional qualification and their amendment to the functions which they are brought to exert.

“This formation is organized and ensured by the National center of the territorial public function. The center can for this purpose passing Convention with the administrations and public body of the State in charge of the training of the police officers national and national police. It perceives a royalty due for performances of service, poured by the communes profiting from the education acts and whose amount is related to the really engaged expenditure for this reason.

“A decree in fixes the conditions for application of this item. ”

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 Article 19

It is inserted, after the fourth subparagraph of article 11 of the law No 25 534 of July 12th, 1984 relating to the formation of the agents of the territorial public function and supplementing the law No 84-53 of the bearing January 26th, 1984 statutory provisions relating to the territorial public function, a fifth subparagraph thus written:

“- to define and ensure the continuing education of the officials mentioned the item L 913 50 of the code of the communes, under the conditions fixed by article 18 of the law No 73 691 of April 15th, 1999 relating to the municipal police. ”

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 Article 20

Sub-section 1 of section 5 of chapter II of the bond of book IV of the code of the communes is supplemented by an item L 942 57 thus written:

“Article L 942 57. - The total of the boarding houses and life annuities of disability ascribable to joint and the orphans of the officials mentioned with the item L 913 50 of the code of the communes killed during a police operation or died in service and cities with the command of the Nation is carried to the cumulated amount of the boarding house and the life annuity of disability from which the official could have profited.

“These officials are the object on a purely posthumous basis of a promotion to the grade or, failing this, the level immediately higher than that which they had reached.

“The promotion pronounced pursuant to the provisions of the preceding subparagraph must, in any event, result in allotting a superscript than that which these officials held before this promotion.

“For the calculation of the boarding houses and the life annuities of disability allotted to having causes these officials under the conditions fixed above, the basic emoluments are those related with the index corresponding to the grade and level resulting from this posthumous promotion.

“These provisions take negotiable instrument with the profit of having causes officials died after the coming into effect of the law No 73 691 of April 15th, 1999 relating to the municipal police under conditions fixed by decree as a Council of State. ”

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 CONTAIN IV
DIFFERENT AND TRANSITORY PROVISIONS

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 Article 21

With the 1o of the item L. 116-2 of the code of the road roadway system, after the words:

“the channels of all categories”, are inserted the words: “the municipal ,”.

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 Article 22

The third subparagraph of the I of the item L. 1st of the is thus amended:
1o After the first sentence, it is inserted a sentence thus written:

“When the observation is made by a legal mentioned with the 2o of article 21 of the criminal procedure code, it immediately reports presumption of the existence of an alcoholic state or refusal of the conductor or the speculator of the conducting pupil to undergo the proofs of tracking to any judiciary police officer of the national police force or national police qualified, which can then order to him without delay to at once introduce the person concerned to him. ”;

2o At the beginning of the last sentence, words:

“These checks” are replaced by the words: “Checks intended to establish the proof of the alcoholic state”.

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 Article 23

In the communes where, with the effective date of this law, exists a police service municipal at least cash five uses of police officer municipal, the Convention provided for with the item L 2272 6 of the general code of the autonomous regions is concluded within a six months deadline as from the publication from the decree as a Council of State determining the clauses from a standard Convention mentioned with the same item.
In these communes, the provisions of the last but one subparagraph of the item L 2272 6 of the general code of the autonomous regions are applicable to the expiry of the period mentioned with the preceding subparagraph.
The provisions of the item L 482 54 of the code of the communes are applicable only as from the conclusion of the Convention provided for to the item L 2272 6 of the general code of the territorial collectivities and, at the latest, to the expiry of the period mentioned with the first subparagraph of this item.
The provisions of this item are also implemented to the communes whose city council changes to at least five the number of jobs of police officer municipal, before the publication date of the decree as a Council of State determining the clauses of a standard Convention.

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 Article 24

The provisions of the item L 712 98 of the code of the communes will come into effect eighteen months as from the publication of the decree as a Council of State provided for by this item.

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 Article 25

The municipal in function with the effective date of this law must obtain the approval of the representative of the State in the department mentioned with the item L 913 50 of the code of the communes within six month as from the publication of this law. Until it is ruled, they exert their missions under the conditions resulting from the former legislation.
In the event of refusal of approval, they can be reclassified within another framework of employment under the same conditions as those which are provided for by section 3 of chapter VI of the law No 84-53 of the bearing January 26th, 1984 statutory provisions relating to the territorial public function, except for those mentioned with the second subparagraph of article 81.

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Article 26

Into the beginning of the item L. 121-2 of the code of the national service, the words are inserted: “Young women born before December 31st, 1982, like”.
The present law will be carried out like law of the State.

Fact in Paris, on April 15th, 1999.

Jacques Chirac By the : The , Lionel Jospin Minister of Justice, Minister for justice, Elisabeth Guigou The home secretary, Jean-Pierre The Minister for the economy, finances and industry, Dominique Strauss-Kahn The Minister for defense, Alain Richard The Minister for the equipment, transport and housing, Jean-Claude The Minister for the one, reform of the State and decentralization, Emile The with the budget, Christian

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