Title 8 — Criminal Procedure
36 chapters · 431 sections in this title.
8 GCA § 160.10 Short Title
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This Chapter shall be known as the Crime Victim’s Rights Act of 2004. COL120106 SOURCE: Added by P.L. 21-096 (Mar. 30, 1996). Amended by P.L. 27-138:2 (Dec. 30, 2004).
8 GCA § 160.100 Notice to Victims of Crimes; Explanation of Appeal Process;
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Rights of Victim if Conviction Reversed. (a) Upon the request of a victim or surviving immediate family members, the prosecuting attorney shall notify the victim of the following: (1) That the defendant filed an appeal of his or her conviction or sentence or that the prosecuting …
8 GCA § 160.110 Request for Notice by Victim; Exemption of Victim’s Address
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and Telephone Number from Disclosure. (a) Upon the victim’s written request, the Guam Police Department or the Department of Corrections shall mail to the victim the following, as applicable, about the prisoner who has been sentenced to imprisonment: (1) Notice of the prisoner’s …
8 GCA § 160.120 Notice of Escape
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(a) As provided in Subsection (b) or (c), a victim who requests notice of the escape and the prosecuting attorney who is prosecuting or has prosecuted the crime for which the person is detained or under sentence shall be given immediate notice of the escape of the person accused,…
8 GCA § 160.130 Notice to Victim by Juvenile Agency; Escape by Juvenile
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(a) Upon a victim’s written request, the juvenile agency, as applicable, shall make a good faith effort to notify the victim before either of the following occurs: (1) A juvenile is dismissed from court jurisdiction or discharged from commitment to the juvenile agency. (2) A juve…
8 GCA § 160.140 Right of Victim to Address or Submit Statement to Parole
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Board; Notice of Pending Review and Victim’s Rights; Representation of Counsel; Notice, Objection to Pardons. (a) A victim shall have the right to address or submit a written statement for consideration by a parole board member or a member of any other panel having authority over…
8 GCA § 160.150 Notice of Final Disposition of Case
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Upon the request of a victim, the prosecuting attorney shall, within thirty (30) days of the final disposition of the case, notify the victim, in writing, of the final disposition of the case. SOURCE: Added by P.L. 27-138:2 (Dec. 30, 2004).
8 GCA § 160.160 Cause of Action Not Created
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Nothing in this Article shall be construed as creating a cause of action for monetary damages against the government of Guam or any of its agencies, entities, or instrumentalities, or employees. SOURCE: Added by P.L. 27-138:2 (Dec. 30, 2004).
8 GCA § 160.170 Failure to Provide Right, Privilege, or Notice to Victim
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The failure to provide a right, privilege, or notice to a victim under this Article shall not be grounds for the defendant to seek to have the conviction or sentence set aside. SOURCE: Added by P.L. 27-138:2 (Dec. 30, 2004).
8 GCA § 160.20 Legislative Intent
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In recognition of the civic and moral duty of victims and witnesses of crimes to cooperate fully and voluntarily with law enforcement and prosecutorial agencies, and in further recognition of the continuing importance of such citizen cooperation in Guam law enforcement efforts an…
8 GCA § 160.200 Effective Date of Chapter; Applicability
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This Chapter shall take effect upon enactment. SOURCE: Added by P.L. 27-138:2 (Dec. 30, 2004).
8 GCA § 160.201 Severability
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If any of the provisions of this Chapter, or the application thereof to any person or circumstance, are held invalid, such invalidity shall not affect any other provision or application of this Chapter which can be given effect COL120106 without the invalid provision or applicati…
8 GCA § 160.30 Definitions
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As used in this Chapter: (a) ‘Crime’ means an act or omission committed by an adult or juvenile that would constitute an offense against a person under all existing Guam statutes. (b) ‘Homicide Victim’ means a person whose death was caused by another person under the provisions o…
8 GCA § 160.40 Eligibility of Victims
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A victim has the rights afforded by this Chapter and is eligible for the services provided under this Chapter. SOURCE: Added by P.L. 21-096 (Mar. 30, 1996). Amended by P.L. 27-138:2 (Dec. 30, 2004).
8 GCA § 160.45 Victim’s Right to Receive Notices
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Victims and surviving immediate family members shall be informed of their right to receive notices and the procedure to receive notices pursuant to this Chapter. Victims and/or surviving immediate family members shall have the right to request to receive notices provided for unde…
8 GCA § 160.50 Basic Bill of Rights for Victims
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COL120106 Victims and/or surviving immediate family members shall have the following rights: (a) To be immediately informed by the Office of the Attorney General of the final disposition of the case. If the crime charged is a felony, the victim or a surviving immediate family mem…
8 GCA § 160.60 Responsibility for Rights and Services
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(a) The courts shall fashion all decisions and orders to enhance the recognition of the rights and the provision of the services set out in this Chapter, to the extent that they will not conflict with the constitutional rights of the defendant. (b) Neither the failure of any gove…
8 GCA § 160.70 Intergovernmental Cooperation
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The office of the prosecutor, the police, local social service agencies, the courts, and all other agencies involved in the criminal justice system shall all cooperate with each other to ensure that victims and witnesses of crime receive the rights and services to which they are …
8 GCA § 160.80 Chapter to Benefit Victim not Offenders
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The rights set out in this Chapter are strictly for the benefit of victims and witnesses and not defendants or perpetrators. A defendant shall have no standing to raise any objections to the applicability of the provisions of this Chapter other than to request a continuance at he…
8 GCA § 160.90 Conversion of Community Service to Fines
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[Repealed.] SOURCE: Added by P.L. 21-096 (Mar. 30, 1996). Repealed by P.L. 24-077 (Sept. 30, 1997).
8 GCA § 160.91 Address and Phone Number of Crime Victim not to be in
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Court File or Documents; Exemption from Disclosure; Exception. The work address and address of the crime victim shall not be in the court file or ordinary court documents unless contained in a transcript of the trial or it is used to identify the place of the crime. The work tele…
8 GCA § 160.92 Right of Victim to Address or Submit Statement to Parole
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Board; Notice of Pending Review and Victim’s Rights; Representation of Counsel; Notice, Objection to Pardons. (a) A victim shall have the right to address or submit a written statement for consideration by a parole board member or a member of any other panel having authority over…
8 GCA § 160.93 Discharge or Discipline of Victim by Employer or Employer’s
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Agent as Violation; Penalty. An employer or the employer’s agent, who threatens to discharge or discipline, or who discharges, disciplines, or causes to be discharged from employment or to be disciplined a victim because that victim is subpoenaed or requested by the prosecuting a…
8 GCA § 160.94 Local Witness and Victim Protection Program Guidelines
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The Supreme Court of Guam shall promulgate witness and victim protection program guidelines within ninety (90) days of the passage of this Act into law. SOURCE: Added by P.L. 27-138:2 (Dec. 30, 2004).
8 GCA § 160.95 Plea Agreement Provisions for Victims
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(a) Victims or their surviving immediate family members have the right to be notified of any potential plea agreement and to express their views on any proposed plea agreements prior to a plea agreement being reached between the prosecutor and the defendant. The prosecutor shall …