Title 46 — Criminal Justice

The Legislature finds and declares that: (1) Crime and delinquency are complex social problems requiring the attention and efforts of the criminal justice system, and the people of American Samoa. (2) The function of the criminal justice system must be coordinated more efficientl…

(a) There is within the executive branch the American Samoa Criminal Justice Planning Board which is under the jurisdiction of the Governor. (b) The Board consists of 14 members appointed by the Governor. Members are selected from among residents of the Territory who are represen…

(a) The Board shall meet quarterly, and at other times designated by the chairman. (b) 7 members constitute a quorum. (c) The Board may establish committees it considers advisable and proper. (d) All meetings of the Board at which public business is discussed or final action is t…

The Board shall: (1) serve as the Territorial Planning Agency under the Omnibus Crime Control and Safe Streets Act of 1968 and the Juvenile Justice and Delinquency Prevention Act of 1974 as amended, and other related federal acts; (2) advise and assist the Governor in developing …

The Commissioner of Public Safety shall appoint deputy law enforcement officers as the exigencies of the public service may require. Persons appointed and commissioned under this section they shall have and may exercise all of the powers and authority of a police officer. History…

Employees of the airport manager engaged as security guards, upon specific authorization and direction of the Commissioner, shall have all of the powers of police officers, including the power of arrest; provided, that such powers shall remain in force and effect only while the s…

(a) A law enforcement officer to whom a firearm has been issued in accordance with the provisions of 46.4233 is required to have the firearm so issued in his possession while on duty. (b) For the purposes of this act “law enforcement officer” means a member of the police force of…

Except as otherwise provided in this Code, or by rules adopted by the Chief Justice the criminal procedure in the High Court and in the District Courts shall conform as nearly as may be practical to the Federal Rules of Criminal Procedure. History: 1962, PL 7-36; 1969, PL 11-54.

Every defendant in a criminal case before a Court of American Samoa is entitled to: (1) have in advance of trial a copy of the charge upon which he is to be tried; (2) consult counsel before trial and to have a representative of his own choosing assist him in his defense at the t…

In any case where the interest of justice or the convenience of parties, witnesses or the Court requires, the Chief Justice or the Associate Justice may order that a session of any division of the High Court adjourn from the Court House to sit at any appropriate place in American…

Any case brought in the High Court or in a district court may, in the interest of justice and for the convenience of the parties and witnesses, be transferred by order of the Chief Justice or the Associate Justice to any court in which it might have been brought originally. Histo…

Except as provided in 46.0805 and 46.0806, no arrest may be made except upon warrant, duly issued in accordance with the provisions of this chapter. History: 1963, PL 8-3.

(a) When a complaint is laid before the Chief Justice, the Associate Justice or any Associate or District Court Judge, for the commission of a public offense triable in American Samoa, the justice or judge must examine the complainant under oath and take his affidavit in writing …

If the Chief Justice, Associate Justice or other judge is satisfied from an affidavit that the offense complained of has been committed, and that there is reasonable ground to believe that the defendant has committed it, he shall issue a warrant of arrest and commitment in the ca…

(a) A warrant of arrest and commitment is an order in writing, in the name of the government, signed by the Chief Justice, Associate Justice or an Associate or District Court Judge, commanding the arrest of the defendant by the Chief of Police or any other police officer of Ameri…

A police officer is authorized, and it is his duty, to make an arrest without a warrant, in the following cases: (1) when a felony is committed in his presence; (2) to prevent the commission of a felony; (3) of persons found near the scene of a felony and suspected of committing …

Any person other than a police officer is authorized, and it is his duty, to make an arrest without a warrant when a felony is committed in his presence or to prevent the commission of a felony about to be committed in his presence. History: 1963, PL 8-3.

(a) Any police officer or other person making an arrest without a warrant in accordance with this chapter shall immediately thereafter make an affidavit and apply to the Chief Justice, Associate Justice, District Court Judge, or an Associate Judge of the High Court for a warrant …

This chapter may be cited as the Uniform Criminal Extradition Law. History: 1965, PL 9-13.

This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. History: 1965, PL 9-13.

Where appearing in this chapter the following apply: (a) “Executive authority” includes the Governor and any person performing the functions of Governor in any State or Territory other than this Territory. (b) “Governor” includes any person performing the function of Governor by …

Subject to the qualifications of this chapter and the provisions of the Constitution of the United States controlling and acts of Congress in pursuance thereof, it is the duty of the Governor of this Territory to have arrested and delivered up to the United States Government auth…

The Governor of this Territory may also surrender on demand of the executive authority of any other State, any person in this Territory charged in such other state in the manner provided in 46.0909 with committing an act in this Territory or in a third state intentionally resulti…

When a demand is made upon the Governor of this Territory by the executive authority of another state for the surrender of a person so charged with crime, the Governor may call upon the Attorney General or any prosecuting officer in this Territory to investigate or assist in inve…

No demand for the extradition of a person charged with crime in another state may be recognized by the Governor unless it is in writing and is accompanied by a copy of an indictment found in the state having jurisdiction of the crime, or by an information supported by affidavit, …

A warrant of extradition may not be issued unless the documents presented by the executive authority making the demand show that: (1) except in cases arising under 46.0905, the accused was present in the demanding state at the time of the commission of the alleged crime and there…

If the Governor decides that the demand should be complied with, he shall sign a warrant of arrest which shall be sealed with the Territorial seal and be directed to the Attorney General, Public Safety Commissioner, sheriff or other person whom he may think fit to entrust with th…

The warrant shall authorize the officer or other person to whom directed to arrest the accused at any place where he may be found within the Territory and to command the aid of all peace officers in the execution of the warrant, and to deliver the accused subject to the provision…

Every officer or other person empowered to make the arrest shall have the same authority, in arresting the accused, to command assistance therein, as the Attorney General, Public Safety Commissioner, the sheriff and other officers have by law in the execution of any criminal proc…

(a) No person arrested upon such warrant may be delivered over to the agent whom the executive authority demanding him has appointed to receive him unless he has been informed of the demand made for his surrender and of the crime with which he is charged and that he has the right…

The officer or person executing the Governor’s warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered, may, when necessary, confine the prisoner in the jail of the government, and the warden of such jail must receive and safely keep th…

Whenever any person within this territory is charged, on the oath of any credible person before any judge or magistrate of this Territory, with the commission of a crime in any other state and, except in cases arising under 46.0905, with having fled from justice, or whenever comp…

The arrest of a person may also be lawfully made by an officer or a private citizen without a warrant, upon reasonable information that the accused stands charged in the courts of another state with a crime punishable by death or imprisonment for a term exceeding 1 year; but when…

If, from the examination before the High Court of American Samoa, it appears that the person held is the person charged with having committed the crime alleged, that he probably committed the crime and, except in cases arising under 46.0905, that he has fled from justice, the Hig…

Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, the High Court of American Samoa must admit the person arrested to bail by bond or undertaking with suff…

If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant, bond or undertaking, the High Court of American Samoa may dis-charge him, or may recommit him to a further day, or may again take bail for his appearance and surre…

If the prisoner is admitted to bail and fails to appear and surrender himself according to the condition of his bond, the High Court by proper order shall declare the bond forfeited; and recovery may be had thereon in the name of the Territory as in the case of other bonds or und…

If a criminal prosecution has been instituted against an accused under the laws of this Terri-tory and is still pending, the Governor, at his discretion, may either surrender him on the demand of the executive authority of another state or may hold him until he has been tried and…

The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the Governor, or in any proceeding, after the demand for extradition accompanied by a charge of crime in legal form as provided in this chapter has been presented to the Gover…

The Governor may recall his warrant of arrest or may issue another warrant whenever he deems proper. History: 1965, PL 9-13.

Whenever the Governor of this Territory demands a person charged with crime in this territory from the chief executive of any other state or from the chief judge of the Superior Court of the District of Columbia, he shall issue a warrant under the seal of this Territory to some a…

(a) When return to this Territory of a person charged with a crime in this Territory is required, the Attorney General or his assistant shall present to the Governor his written application for a requisition for the return of the person charged, in which application shall be stat…

A person brought into this Territory on extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as such criminal charge until he has been convicted in the criminal proceeding, or if acquitted, until…

After a person has been brought back to this Territory upon extradition proceedings, he may be tried in this Territory for other crimes which he may be charged with having committed here as well as that specified in the requisition for his extradition. History: 1965, PL 9-13.

(a) The public defender shall represent as counsel, without charge, each indigent person who is under arrest for or charged with committing a felony, misdemeanor, immigration law, or traffic violation; and (1) the defendant requests it; or (2) the court, on its own motion or othe…

All criminal prosecutions shall be brought in the name of the “Government of American Samoa”. The Attorney General shall prosecute all criminal cases before the High Court. The prosecution of misdemeanors may be initiated by complaint or by criminal information. The prosecution o…

(a) When a complaint is laid before the Chief Justice, Associate Justice or an Associate Judge, of the commission of a public offense triable in American Samoa, the justice or judge may, in lieu of issuing a warrant of arrest and commitment, issue a summons commanding and directi…

Under 46.1301 through 46.l3l0 and 46.3216, the following persons are subject to confine-ment for mental incompetency or insanity in American Samoa: (1) defendants found mentally incompetent to stand criminal trial; or (2) defendants found insane at the time of the commission of a…

Where a defendant pleads not guilty to the commission of a criminal act, then, before the defendant is subject to confinement under subsection (2) of 46.1301, it must first be found that the defendant committed the criminal act charged. History: 1979, PL 16-43 § 2.

The court may order a mental examination of a defendant upon motion of the defendant or the government, or upon the court’s own motion, at any time before judgment. History: 1979, PL 16-43 § 2.