(a) Whoever commits a felony punishable under the laws of Guam while on release on a felony charge pursuant to Chapter 40 (Criminal Procedure) of Title 8, Guam Code Annotated, shall, in addition to the sentence imposed for the crime committed while on release, be imprisoned for a term of not less than five (5) years nor more than twenty-five (25) years. (b) [No text] (1) A sentence imposed under subsection (a) of this section shall include a special parole term of not less than three (3) years nor more than five (5) years in addition to the term of imprisonment. (2) No person convicted and sentenced under this section shall be eligible for parole or probation until he serves at least five (5) years in prison. (c) The term required to be imposed under this section shall run consecutive to any term of imprisonment imposed for the commission of any other felony. SOURCE: Added as § 80.37.5 by P.L. 20-111:2 (Oct. 19, 1989). Codified to this section by the Compiler in accordance with the authority granted by 1 GCA § 1606. 2024 NOTE: The Compiler has added “no text” to indicate a change in formatting only; the content of the provision has not been altered. 2018 NOTE: Subsection/subitem designations altered/added pursuant to the authority of 1 GCA § 1606. 2014 NOTE: To maintain the existing codification scheme and to preserve the numbering scheme established in the Criminal and Correctional Code (1977), existing provisions that impose specific sentencing considerations or specific sentences were renumbered to follow § 80.37. Similar statutes enacted in the future will be codified in accordance with this numbering scheme.
§ 80.37.2 Habitual Offenders. (a) Notwithstanding any provision that establishes a shorter term of imprisonment, a person who has been convicted of committing or attempting or conspiring to commit any violent or aggravated felonies and who has previously been convicted of two violent or aggravated felonies not committed on the same occasion and separated by intervening arrest shall be sentenced to imprisonment for life and is not eligible for suspension of the sentence, probation, parole, or release. (b) In order for the penalty under this Section to apply, judgment for the aggravated or violent felonies that comprise the prior conviction shall have been entered within fifteen years of the conviction for the current offense; however, time spent in custody or on probation for an offense or while the person is an absconder shall not be excluded from the calculation of the fifteen years. (c) For the purposes of this Section: (1) “violent or aggravated felony” means any of the following offenses if committed in Guam or any offense committed outside Guam that if committed in Guam would constitute one of the following offenses: (A) aggravated murder, murder and manslaughter (Title 9 Guam Code Annotated §§ 16.30, 16.40 and 16.50) (B) aggravated assault (Title 9 Guam Code Annotated § 19.20) (C) kidnapping (Title 9 Guam Code Annotated § 22.20) (D) criminal sexual conduct in the 1st and 2nd degree (Title 9 Guam Code Annotated §§ 25.15 and 25.20)
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(E) compelling prostitution (Title 9 Guam Code Annotated § 28.30, as defined involving a child) (F) indecent electronic display to a child (Title 9 Guam Code Annotated § 25A102) (G) electronic enticement of a child as a 1st and 2nd degree felony (Title 9 Guam Code Annotated §§ 25A105, 25A104) (H) crimes involving obscenity and related offenses involving children (Title 9 Guam Code Annotated §§ 28.51 and 28.52) (I) photography of minors’ sexual acts (Title 9 Guam Code Annotated § 28.80) (J) possession of child pornography (Title 9 Guam Code Annotated § 25A202) (K) dissemination of child pornography (Title 9 Guam Code Annotated § 25A203) (L) aggravated arson (Title 9 Guam Code Annotated § 34.20) (M) robbery in the 1st and 2nd degree (Title 9 Guam Code Annotated §§ 40.10 and 40.20). (d) Under the terms of the Compacts of Free Association (COFA), citizens of the Freely Associated States [the sovereign states of the Federated States of Micronesia (FSM), the Republic of the Marshall Islands (RMI), and the Republic of Belau], may enter the U.S. under a special status, and are treated as foreign nationals while in the U.S., such status allowing the U.S. to deport a citizen of any COFA state if such citizen is found guilty of breaking or disregarding the laws of a U.S. jurisdiction. (1) A COFA citizen shall be considered deportable if convicted of a felony or a crime of moral turpitude; or if sentenced to one (1) year or more for any crime(s) committed; or if the COFA citizen becomes a repeat offender for driving-under-the-influence of alcohol. (2) Such COFA citizen in violation of the COFA will be treated as any other foreign national and shall be deported if convicted of a deportable crime under the terms of the Compact of Free Association. (3) Upon conviction of a deportable crime, the Attorney General of Guam (AG) shall immediately notify the U.S. Immigration and Customs Enforcement (ICE) Division of the U.S. Department of Homeland Security (DHS) of Guam’s desire to have the COFA citizen deported. The AG shall work closely with the U.S. ICE Division of DHS to ensure all documents related to the conviction and required for deportation are immediately provided to the proper authorities. Citizens of the U.S. cannot be deported under the terms of the COFA. The AG shall transmit a quarterly report to I Liheslatura indicating how many cases were forwarded to the U.S. ICE Division of DHS for deportation and the status of those cases. The AG shall also publish this report on its website on a quarterly basis. (e) If the court certifies that a defendant has a mental health illness, the provisions of Subsection (a) do not apply. SOURCE: Added by P.L. 32-049:2 (July 5, 2013) as § 80.50. Codified to this section by the Compiler in accordance with the authority in 1 GCA § 1606. 2015 NOTE: Subsection references in (c)(1) (F), (G), (J) and (K) were altered to reflect the renumbering of 9 GCA, Ch. 25.01 to 9 GCA, Ch. 25A. 2014 NOTE: To maintain the existing codification scheme and to preserve the numbering scheme established in the Criminal and Correctional Code (1977), existing provisions that impose specific sentencing considerations or specific sentences were renumbered to follow § 80.37. Similar statutes enacted in the future will be codified in accordance with this numbering scheme.
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This provision was added as § 80.50 by P.L. 32-049:2, and renumbering was necessary to avoid confusion with the existing § 80.50 in Article 3. CROSS-REFERENCE: See 9 GCA § 80.60 Standards for Imposing or Withholding Probation.