Disposition of Obscene Material

When the conviction of any person for the commission of any offense defined in § 28.50 becomes final, copies of any obscene material described in the indictment, information or complaint or admitted in evidence which were taken from the possession of the defendant and which are in the possession or under the control of the Attorney General or any law enforcement officer or the clerk of the court may be destroyed upon order of the court. A copy of the order shall be mailed to the defendant and his counsel by the clerk of the court. The date fixed for the destruction of the obscene material must be at least thirty (30) days after the mailing of the order. SOURCE: G.P.C. § 314; *Cal. § 1754 (T.D.2 1968); Cal. § 968 (1971). COMMENT: While § 28.60 continues the substance of former § 314 of the Penal Code, this Section now provides for destruction upon a court order after notice to the defendant and allowance of 30-day period for the defendant's response, if any, to the notice. This latter requirement has been made into a constitutional requirement by the U.S. Supreme Court and, therefore, a necessary part of the Guam Penal Code.