Title 8, Criminal Procedure

This Chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this Chapter among states enacting it. ---------- COL120106

Destruction Under Other Law. This Chapter shall not apply to any property which is otherwise subject to seizure and destruction or forfeiture pursuant to law. NOTE: Chapter 150 supersedes former §§ 1407 through 1411 and provided comprehensively for the disposition of property tak…

Not Needed as Evidence. Property held by any law enforcement agency which is not needed for evidentiary purposes in a criminal action may be returned by the agency under rules and regulations established by the Attorney General. NOTE: Section 150.20 provides the Attorney General …

Forthcoming; Notice, Hearing. (a) When property is held by a law enforcement agency and a criminal action in which the property is needed is not filed within 90 days following the acquisition of the property by the agency, a person entitled to the COL120106 possession of the prop…

(a) In the course of a criminal action the trial court may order the release of any property received into evidence or held in connection with the criminal action by a law enforcement agency when it is possible to do so without prejudice to any party. (b) A motion for the release…

(a) When a criminal action has been finally determined, the trial court shall, upon application of the person entitled to the possession of any of the property in the custody of the court or a law enforcement agency, order the COL120106 property released to that person unless goo…

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).

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 …

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 …

(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,…

(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…

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…

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).

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).

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).

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…

This Chapter shall take effect upon enactment. SOURCE: Added by P.L. 27-138:2 (Dec. 30, 2004).

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…

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…

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).

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…

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…

(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…

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 …

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…

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…

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…

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…

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).

(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 …

As used in this Chapter: (a) ‘Child’ means an unmarried person who is under eighteen (18) years of age and includes a stepchild or an adopted child; (b) ‘Commission’ means the Criminal Injuries Compensation Commission established by this Chapter; (c) ‘Confidential records’ means …

(a) In determining the amount of compensation to be awarded under this Chapter, the Commission shall deduct amounts or benefits received or to be received from any source, whether from the offender or from any person on behalf of the offender, or from public or private funds, and…

Convicted Person. (a) A person convicted of a crime shall not derive any profit from the sale of his or her recollections, thoughts, and feelings with regard to the offense committed by that person until the victim receives any restitution or compensation ordered for him or her a…

The Attorney General shall serve as legal advisor to the Commission. SOURCE: Added by P.L. 20-155:2 (Mar. 21, 1990) as 9 GCA § 86.105; amended and moved to this title and chapter by P.L. 27-138:4 (Dec. 30, 2004).

No compensation payable under this Chapter shall, prior to actual receipt thereof by the person or beneficiary entitled thereto, or their legal representatives, be assignable or subject to execution, garnishment, attachment or other process whatsoever, including process to satisf…

The rights of compensation created by this Chapter are personal and shall not survive the death of the person or beneficiary entitled thereto; provided, that if such death occurs after an application for compensation has been filed with the Commission, the proceeding shall not ab…

In the performance of its functions, the Commission may adopt, amend and repeal, pursuant to the Administrative Adjudication Law, rules and regulations, not inconsistent with this Chapter, prescribing the procedures for conducting its business, the procedures to be followed in th…

Supervisory, administrative and clerical personnel necessary for the efficient functioning of the Commission may be appointed by the Attorney General. The Department of Law or Office of the Attorney General shall provide administrative support for the effective operation of the C…

The Attorney General shall, on behalf of the Commission, include in the Office of the Attorney General’s annual fiscal year budgetary submission to I Liheslaturan Guåhan, a report on vacant appointments to the Commission, the number of applications received for the preceding cale…

Commission. (a) There is, within the government of Guam, a Criminal Injuries Compensation Commission (Commission) which shall be comprised of five (5) members appointed by I Maga’lahen Guåhan with the advice and consent of I Liheslaturan Guåhan. Annually, the members shall elect …

The term of office of each member of the Commission shall be four (4) years or until his successor is appointed, except that the terms of office of the members first taking office shall expire as designated by I Maga’lahen Guåhan at the time of appointment as follows: one (1) at …

Upon an application made to the Commission under this Chapter, the Commission shall fix a time and place for a hearing on such application and shall cause notice thereof to be given to the applicant. The Commission may hold such hearings, sit and act at such times and places, and…

(a) Where any application is made to the Commission, the applicant and the Commission’s legal advisor shall be entitled to appear and be heard. Any other person may appear and be heard who satisfied the Commission that he or she has a substantial interest in the proceedings. In a…

The Commission may appoint an impartial licensed physician to examine any person making application under this Chapter, and the fees for the examination shall be paid from funds appropriated for expenses of administration. SOURCE: Added by P.L. 20-155:2 (Mar. 21, 1990) as 9 GCA §…

(a) The Commission may, as part of any order entered under this Chapter, determine and allow reasonable attorney fees, which if the award of compensation is more than One Thousand Dollars ($1,000.00) shall not exceed fifteen percent (15%) of the award, to be paid out of but not i…

(a) The Commission may, on its own motion or on the application of any person aggrieved by an order or decision of the Commission, reconsider the order or decision and revoke, confirm and verify the order or decision, based upon the findings of the Commission. (b) Any person aggr…