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Puerto Vallarta News NetworkNews Around the Republic of Mexico | August 2009 

After ABC Fire, Congress Revises Penalty for Suspects
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August 10, 2009



With reforms to Sonora's Criminal Code being considered, those responsible for June's ABC Daycare fire in Hermosillo may be incarcerated for as long as 20 years.

Coauthor Guillermo Peña Enríquez, president of the state Legislature's Permanent Council, said those reforms will be voted on Tuesday during a special session in the state Congress.

The changes include a new part in the Criminal Code on culpable negligence (recklessly acting without reasonable caution and putting another person at risk of injury or death), mainly for public servants in charge of daycares.

Employees and authorities who manage children's shelters, child development centers and places that provide care for people with disabilities or the elderly are also subject under the reform.

Deputy Patricia Redondo Arvizu and coauthor of the bill said the new sanctions will include owners, administrators and supervisors of those establishments.

The new law, she added, will include any place that has large gatherings of people, and must meet new specifications set out by the State Civil Protection agency.

Officials will also be punished for falsifying information, failing to conduct inspections, and to make monitoring and certification visits, she said.

She added that daycares and similar establishments will not be able to be built near gas stations or places that house dangerous materials. The fire started in a neighboring government-owned warehouse.

The bill is in response to the deaths of 49 children after a fire June 5 in a daycare contracted by the Mexican Social Security System (IMSS). Critics charge ABC with ignoring IMSS' safety recommendations to upgrade facilities.

Those facing charges include employees and daycare owners, and the Federal Attorney General's Office (PGR) has charged about two dozen people. A judge ordered ABC's four owners to stand trial on Thursday, the PGR said in a statement.

The Supreme Court also opened last week a two-judge commission that will investigate the incident. The court commission will have the power to make recommendations, but cannot order the government to take any specific action.



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