Title 8 — Criminal Procedure

This Title 8 of the Guam Code Annotated shall be known as Criminal Procedure. COMMENT: This Title is adopted by P.L. 13-186 (Sept. 2, 1976) in order to minimize possible confusion with the Code of Civil Procedure when initials are used to refer to a particular code. P.L. 15-104:7…

If any provision of this Code, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect any other provision or application of this Code which can be given effect without the invalid provision or application, and to this end the p…

(a) The provisions of this Code govern the practice and procedure in every criminal proceeding prosecuted in the name of Guam. They are intended to provide for the just determination of every criminal proceeding and shall be construed to secure simplicity in procedure, fairness i…

Court. (a) Notwithstanding the provisions of § 1.07, the Judicial Council may, in its discretion, adopt such rules governing the procedure in the Traffic Court, a division of the Superior Court, as it shall deem necessary to secure simplicity and uniformity in procedure, fairness…

In any criminal action, the defendant is entitled: (a) To a speedy and public trial. (b) To defend in person and with counsel. Every defendant accused of a crime who is financially unable to employ counsel shall be entitled to have counsel assigned at public expense to represent …

(a) The defendant shall be present at the arraignment, at the time of the plea, at every stage of the trial including the impaneling of the jury and return of the verdict, and at the imposition of sentence, except as otherwise provided by this Section. (b) The further progress of…

Any felony together with any related misdemeanor shall be prosecuted by indictment, or, if indictment is waived, or a preliminary hearing held and an order issued holding the defendant to answer under § 45.80 of this Code, it may be prosecuted by indictment or by information. Any…

Unless a preliminary examination is waived by the defendant, an information may not be filed until there has been a preliminary examination of the case against the defendant and an order issued holding him to answer under § 45.80. The proceeding for a preliminary examination shal…

No person may be convicted of an offense except by verdict of a jury, accepted and recorded by the court, by a finding of the court in a case where a jury has been waived or is not required or by a plea of guilty or nolo contendere. COMMENT: § 1.19 is comparable to California Pen…

(a) In any investigation or proceeding for any offense, if a person refuses to answer a question or produce evidence of any other kind on the ground that he may be incriminated thereby, the prosecuting attorney may, in writing, request the Superior Court to order that person to a…

The taking of photographs in the courtroom during the progress of judicial proceedings, or radio or television broadcasting of judicial proceedings from the courtroom, shall be permitted by the Court, subject to restrictions in rules and regulations promulgated by the Court. SOUR…

(a) In computing any period of time the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday or a legal holiday, in which event the period …

An application to the court for an order shall be by motion. A motion other than one made during a trial or hearing shall be in writing unless the court permits it to be made orally. It shall state the grounds upon which it is made and shall set forth the relief or order sought. …

(a) Written motions other than those which are heard ex parte, written notices, designations of record on appeal and similar papers shall be served upon each of the parties. (b) Whenever under this Code or by an order of the court service is required or permitted to be made upon …

The court shall be deemed always open for the purpose of filing any proper paper, of issuing and returning process and of making motions and orders. The clerk's office with the clerk or a deputy in attendance shall be open during business hours on all days except Saturday, Sunday…

Govern. Unless the provision or context otherwise requires, these preliminary provisions and rules of construction shall govern the construction of this Code.

Chapter, article and section headings do not in any manner affect the scope, meaning or intent of the provisions of this Code.

Thereto. When any reference is made to any portion of this Code or to any other statute, the reference shall apply to all amendments and additions made after the enactment of this Code.

The present tense includes the past and future tenses; and the future, the present.

The masculine gender includes the feminine and neuter.

The singular number includes plural; the plural, the singular.

Shall is mandatory and may is permissive. ---------- ARTICLE 2 DEFINITIONS

Unless otherwise expressly stated: (a) Chapter means a chapter of this Code. (b) Article means on article of the chapter in which that term occurs. (c) Section means a section of this Code. (d) Subsection means a subsection of the section in which that term occurs. (e) Paragraph …

The proceedings by which a party charged with an offense is accused and brought to trial and punishment is known as a criminal action. COMMENT: Section 5.45 is substantively the same as former § 683, as well as California Penal Code § 683.

As used in this Code, offense, crime, felony, misdemeanor, petty misdemeanor, and violation have the meanings provided by § 1.18 of the Criminal and Correctional Code [9 GCA].

As used in this Code, peace officer includes: (a) All Municipal Mayors; (b) All Municipal Vice Mayors; (c) The Chief of Police and all Officers of the Guam Police Department; (d) The Director of Corrections, Correction and Parole Officers, and Rehabilitative Personnel of the Depa…

A peace officer while acting within his statutory law enforcement authority outside of his jurisdiction shall yield and be subordinated to a peace officer of the Guam Police Department who subsequently responds having such jurisdiction as provided within 10 GCA § 77103. SOURCE: A…

As used in this Code, prosecuting attorney means any attorney, by whatever title designated, having by law the right of duty to prosecute any offense in behalf of Guam. CROSS-REFERENCES: Section 5.60 is new. It is based on a comparable definition set forth in § 691 of the Califor…

As used in this Code, Territory means Guam. 2023 NOTE: Reference to “territory” omitted pursuant to 1 GCA § 420. ----------

A prosecution for murder may be commenced at any time. COMMENT: Section 10.10 continues a portion of former § 799; it reflects, however, a decision that murder stands alone and merits treatment different from all other serious crimes. See 9 GCA § 16.30. This decision is also refl…

and Family Violence. A prosecution for a violation of Chapters 22, 25, 25.1, 28 and 30 of Title 9 GCA, or a violation of Chapter 13 of Title 9 GCA, committed in conjunction with a violation of Chapters 22, 25, 25.1 and 30 of Title 9 GCA, involving a person under the age of majori…

Under the Age of Majority. COL11292012 If the offense is a violation of Chapter 25 of Title 9, Guam Code Annotated, and the victim was under the age of majority or the victim's mental comprehension and capacity was below the age of adolescence at the time the offense was committe…

Sexual Conduct. If the offense is a violation of § 25.15 or § 25.20 of Chapter 25, Title 9, Guam Code Annotated, a prosecution of the offense may be commenced at any time. This Section applies to any such offense except an offense the prosecution of which would have been barred b…

(a) A prosecution of murder shall have no statute of limitation; (b) A prosecution of criminal sexual conduct involving persons under the age of consent shall be in accordance with § 10.15 of this Title; (c) A prosecution for any other felony shall be commenced within three (3) y…

For purposes of this Chapter, age of consent means the age of sixteen (16). SOURCE: Added by P.L. 21-89:3 (1/27/92). COMMENT: (Original Enactment): Section 10.20 continues the substance of former § 800 except, of course, it now includes all felonies other than murder. See also §§…

COL11292012 A prosecution for any offense which is not a felony shall be commenced within (1) year after it is committed. COMMENT: Section 10.30 continues the substance of former § 801. See also §§ 10.60 (time offense committed); 10.70 (time prosecution commenced).

Notwithstanding §§ 10.20 and 10.30, a prosecution may be commenced against a public officer or employee or any person acting in complicity with such public officer or employee for any offense based upon misconduct in office by such public officer or employee at any time while suc…

The periods of limitation provided by this Chapter do not run during any time when a criminal action against the defendant for the same conduct is pending in this Territory, even if the accusatory pleading is later set aside, the action is later dismissed, or the conviction is la…

An offense is committed either when every element occurs, or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated. Time starts to run on the day after the o…

A prosecution is commenced when either an indictment is presented in open court and there received and filed or a complaint is filed. COMMENT: Section 10.70 continues the substance of former § 803. See also Model Penal Code § 1.06(5); 1 New Jersey Criminal Law Revision Commission…

(a) The official records of the court, the Attorney General, and the police reports in connection therewith dealing with a violation or attempted violation by an adult of territorial law or a regulation having the force and effect of law shall be expunged when the subject of the …

sealing of records to all persons outside of the law enforcement agencies of Guam and federal agencies entitled thereto and a refusal by such agencies to admit the existence of such records to persons not entitled to examine them. SOURCE: Added by P.L. 16-68. COL05272011 1 ------…

The complaint is a written statement of the essential facts constituting the offense charged. It shall be signed by the prosecuting attorney and filed with a judge of the Superior Court. IN any case required by § 1.15 to be prosecuted by Complaint, the Complaint shall be subject …

(a) If it appears from the complaint and the affidavits filed therewith that there is probable cause to believe that an offense has been committed and that the defendant has committed it, the judge shall issue a summons for the appearance of the defendant. COL120106 EXECUTION & R…

Before ruling on a request for a summons or warrant to be issued on a complaint, the judge may require any witnesses the prosecuting attorney may produce to appear personally and be examined under oath. The judge shall promptly make or cause to be made a record or summary of such…

(a) After the return of an indictment and upon the application of the prosecuting attorney, the clerk shall issue a summons for the appearance of any defendant named in the indictment. (b) Notwithstanding Subsection (a), the court shall issue a warrant where: (1) A valid reason i…

The warrant shall be signed by the judge and shall contain the name of the defendant or, if his name is unknown, any name or description by which he can be identified with reasonable certainty and shall describe the offense charged in the complaint or indictment. The warrant shal…

The summons shall be in the same form as the warrant except that it shall summon the defendant to appear before the court at a stated time and place and shall be signed by the clerk when it is issued pursuant to § 15.40. NOTE: Section 15.60 is based on former rules 4(b)(2) and 9(…

(a) A warrant may be executed or a summons may be served at any place within the Territory. (b) A warrant shall be executed by the arrest of the defendant by a peace officer. (c) The summons may be served by any person authorized to serve a summons in a civil action. The summons …

Prosecutor. COL120106 EXECUTION & RETURN (a) The officer executing a warrant shall make a return thereof to the court before whom the defendant is brought pursuant to § 45.10. At the request of the prosecuting attorney any unexecuted warrant shall be returned to the judge by whom…