Title 8 — Criminal Procedure

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…

(a) In the event any person is injured or killed by any act or omission of any other person coming within the criminal jurisdiction of Guam after September 30, 1980, which act or omission is within the description of the crimes enumerated in Section 161.55, the Commission may, in…

(a) The crimes to which this Chapter applies are the following: (1) Aggravated Murder (9 GCA § 16.30); (2) Murder (9 GCA § 16.40); (3) Manslaughter (9 GCA § 16.50); (4) Aggravated Assault (9 GCA § 19.20); (5) Assault (9 GCA § 19.30); (6) Kidnapping (9 GCA § 22.20); (7) Felonious …

The Commission may order, only from available balances in the Criminal Injuries Compensation Fund, the payment of compensation under this Chapter for: (a) expenses actually and reasonably incurred as a result of the injury or death of the victim; (b) loss to the victim of earning…

Whenever any person is convicted of an offense that includes any crime enumerated in Section 161.55 of this Chapter and an order for the payment of compensation is or has been made under this Chapter for injury or death resulting from the act or omission constituting such offense…

Whenever a fine is imposed upon an offender and such fine is to be deposited into the Criminal Injuries Compensation Fund, and such fine is not to be deposited into the fund within one hundred eighty (180) days of the imposition of sentence, the Commission may institute a civil a…

In the event a private citizen incurs injury or property damage in preventing the commission of a crime within Guam, in apprehending a person who has committed a crime within Guam, or in materially assisting a peace officer who is engaged in the prevention or attempted prevention…

The Commission may order the payment of compensation under this Chapter for: (a) expenses actually and reasonably incurred as a result of the injury of the private citizen; (b) pain and suffering to the private citizen; (c) loss to the private citizen of earning power as a result…

Except as otherwise provided in this Chapter, any order for the payment of compensation under this Chapter may be made on such terms as the Commission deems appropriate. Without limiting the generality of the preceding sentence, the order may provide for apportionment of the comp…

(a) No order for the payment of compensation shall be made under this Chapter unless the application has been made within eighteen (18) months after the date of injury, death or property damage. (b) Compensation for medical expenses may be awarded up to the amount of Twenty Thous…

Payment Authorized. (a) There is hereby established a Criminal Injuries Compensation Fund (Fund), separate and apart from other funds of the government of Guam, from which the Commission may make payments as provided in Subsection (b) of this Section. The Attorney General shall b…

This Chapter shall be known as the >Victims Immunity Act of 2004’. SOURCE: Added by P.L. 27-138:5 (Dec. 30, 2004).

Terms used in this Chapter mean: (a) ‘Convicted’ includes a finding of guilt, whether or not the adjudication of guilt is stayed or executed, an unwithdrawn judicial admission of guilt or guilty plea, a no contest plea, a judgment of conviction, an adjudication as a delinquent ch…

COL120106 A perpetrator assumes the risk of loss, injury, or death resulting from or arising out of a course of criminal conduct involving a crime, as defined in this Act, engaged in by the perpetrator or a person who aids or abets the perpetrator, as defined in Title 9, Guam Cod…

Risk. Notwithstanding other evidence that the victim may adduce relating to the perpetrator’s conviction of the crime involving the parties to a claim for relief, a certified copy of a guilty plea, a court judgment of guilt, a court record of conviction, or an adjudication as a d…

If the perpetrator does not prevail in a claim for relief that is subject to this Act, the court may award reasonable expenses, including attorney’s fees and disbursements, to the victim. SOURCE: Added by P.L. 27-138:5 (Dec. 30, 2004).

Except to the extent needed to preserve evidence, any claim for relief in which the defense set forth in this Chapter is raised shall be stayed by the court on the motion of the defendant during the pendency of any criminal action against the plaintiff based on the alleged crime.…

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 without the invalid provision or application, and to…

This Act shall be known and may be cited as the “Survivor’s Bill of Rights Act of 2022.”

I Liheslatura finds and declares that the enactment of the “Crime Victim’s Rights Act of 2004,” established by P.L. 21-096 and amended by P.L. 27-138:2, has resulted in significant advances in the recognition and protection of the rights of crime victims and survivors once they e…

For purposes of this Chapter, the term “sexual assault” means any nonconsensual sexual act proscribed by federal, tribal, state, or Guam law, including when the victim lacks the capacity to consent.

Victims of sexual assault shall have the following rights: (a) to have any allegation of sexual assault treated seriously; to be treated with dignity and compassion; and to be notified of existing medical, counseling, mental health, or other services available for victims of crim…

The Office of the Attorney General Victim Services Center shall publish a notice of these rights which shall be posted in all hospital emergency departments, police stations and other law enforcement agencies, sexual violence service organizations, the Guam Department of Educatio…

If any provision of this Chapter or its application to any person or circumstance is found to be invalid or contrary to law, such invalidity shall not affect other provisions or applications of this Chapter that can be given effect without the invalid provision or application, an…

(a) “Witness” as used in this Chapter shall include a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding. (b) The word “state” shall include any territory of the United States and the District of…

(a) If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this state certifies under the seal of such court that there is a criminal prosecution pending in such court, or that a grand ju…

(a) If a person in any state, which by its laws has made provisions for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence, in this state, is a material witness in a prosecution pending…

(a) If a person comes into this state in obedience to a summons directing him/her to attend and testify in this state, he/she shall not while in this state pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which…

This Chapter shall be interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it. ---------- COL 2024-12-05