Bill 337.

Summary.

The bill adds Article 38-A to Law 49 of December 4, 1984, which establishes the National Assembly’s internal rules. The proposed provision would subject all members of the National Assembly and their substitutes to laboratory tests for illicit drugs or drugs with abuse potential. The tests would be periodic or random, once a year during legislative sessions. They would follow protocols established by the Ministry of Health (Ministerio de Salud), in coordination with the National Commission for the Study and Prevention of Drug-Related Crimes (Comisión Nacional para el Estudio y la Prevención de los Delitos Relacionados con Drogas).

An unjustified failure to comply with this requirement, or a positive test result, would constitute serious misconduct under parliamentary ethics rules. The bill directs that such cases be handled under the Assembly’s internal rules and the rules in force on parliamentary ethics and responsibility. It thereby connects the testing procedure to the framework governing serious misconduct, without prescribing a separate sanction for each circumstance in the added article.

The bill also amends Article 50 of Law 49 of December 4, 1984, concerning the functions of the Committee on Credentials, Rules, Parliamentary Ethics and Judicial Affairs (Comisión de Credenciales, Reglamento, Ética Parlamentaria y Asuntos Judiciales). Its responsibilities would include considering resignations from the office of Assembly member; examining credentials and appointments submitted by the Executive Branch (Órgano Ejecutivo) for Assembly approval or rejection; reviewing complaints about elections held within the National Assembly (Asamblea Nacional); and investigating serious incidents there when the Assembly’s presiding officer lacks authority to impose the sanction under the internal rules.

The committee would also study proposed amendments to the internal rules, assess and issue opinions on suspension or loss of parliamentary office, and initially consider matters covered by Article 160 of the Political Constitution of the Republic (Constitución Política de la República). It would advise the Assembly’s plenary body on accusations and complaints against the President of the Republic, justices of the Supreme Court of Justice (Corte Suprema de Justicia), and other officials specified by the Constitution and the laws. It would also verify whether members’ credentials were issued in the manner required by law.

On ethics, the committee would study proposed amendments to the Parliamentary Code of Ethics and Honor (Código de Ética y Honor Parlamentario), address matters concerning compliance with it, promote parliamentary ethical values, and issue opinions on complaints alleging breaches of the code or other conduct classified as serious misconduct contrary to parliamentary ethics, honor, decorum and respect. The bill reiterates the addition of Article 38-A and the amendment of Article 50, and provides for entry into force on the day after publication in the Official Gazette. Its subject matter concerns the National Assembly, health and drug crime prevention authorities, and people exercising parliamentary functions.