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GuamBill No. 138-38 (COR)38th Guam Legislature (2025-2026)legislature
AN ACT TO AMEND §7.58 OF ARTICLE 2, CHAPTER 7, TITLE 9 GUAM CODE ANNOTATED RELATIVE TO HOLDING PERSONS CRIMINALLY RESPONSIBLE FOR CRIMES COMMITTED AFTER KNOWINGLY, WILLINGLY OR INTENTIONALLY CONSUMING ALCOHOL AND OTHER SUBSTANCES BY REPEALING THE LIMITATIONS OF THE INTOXICATION DEFENSE.
Sponsored By: V. Anthony Ada (Republican)
Became Law
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Bill Overview
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1 provisions identified: 0 benefits, 1 costs, 0 mixed.
Tighter intoxication defenses for Guam defendants
Guam law generally bars intoxication from alcohol, drugs, or other substances as a defense to criminal charges. Self-induced intoxication includes knowingly taking substances that a person knew or should have known could cause intoxication. This definition excludes substances taken on medical advice or in circumstances that otherwise provide a criminal defense. Intoxication linked to addiction, substance use disorder, dependence, habitual use, or other compulsions from prior use counts as self-induced. It cannot support a defense based on lost capacity to understand wrongdoing or follow the law. The law preserves that defense for non-self-induced intoxication causing a substantial loss of either capacity at the time of the conduct. Self-induced intoxication also does not excuse a person's failure to consciously recognize a risk relevant to criminal liability. Courts can still use intoxication evidence to establish or disprove an element of the crime.
Sponsors & Cosponsors
Sponsor
V. Anthony Ada
Republican • legislature
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
legislature vote • 1/29/2026
Floor Vote
Yes: 0 • No: 0
Actions Timeline
Public Law 38-94 — lapsed
2/11/2026GovernorCommittee report filed
12/23/2025legislaturePublic hearing held
7/10/2025legislatureFiscal note filed
5/19/2025legislatureFiscal note requested
5/15/2025legislatureReferred to committee
5/15/2025legislatureIntroduced as Bill No. 138-38 (COR)
5/8/2025legislatureTransmitted to Governor
legislature
Bill Text
Introduced
5/8/2025
Committee Report
Enrolled (Public Law)
Transmittal
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