GCA Title 8, Chapter 161
8 GCA CRIMINAL PROCEDURE CH. 161 COMPENSATION FOR DAMAGES FROM CRIMINAL ACTIVITIES
CHAPTER 161 COMPENSATION FOR DAMAGES FROM CRIMINAL ACTIVITIES
SOURCE: P.L. 27-138:4 (Dec. 30, 2004) amended and moved Chapter 86 of Title 9 Guam Code Annotated to this title and chapter. 2013 NOTE: All references in this chapter to Title 9, Chapter 86 have been altered to reflect the chapter’s current location in this title.
8 GCA CRIMINAL PROCEDURE CH. 161 COMPENSATION FOR DAMAGES FROM CRIMINAL ACTIVITIES
§ 161.10. Definitions.
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 the name, contact information, medical records, statements of personal injuries or damages suffered as a result of a violent crime, or any information the disclosure of which would constitute an unwarranted invasion of personal privacy or a violation of local or federal laws; (d) ‘Dependents’ means persons who were wholly or partially dependent upon the victim’s income at the time of the victim’s death or injury and includes the child of the victim born after the victim’s injury or death; (e) ‘Injury’ means actual bodily harm and, in respect of a victim, includes pregnancy, and mental or nervous shock; (f) ‘Person’ means a natural person; (g) ‘Private citizen’ means any natural person other than a peace officer who is actively engaged in the performance of his or her duties; (h) ‘Spouse’ means a person (male or female) who is legally married to another person (male or female); provided, that no dissolution proceedings are pending; and (i) ‘Victim’ means a person who is injured or killed by any act or omission of any other person coming within the description of any of the crimes specified in Section 161.55 of this Chapter. SOURCE: Added by P.L. 20-155:2 (Mar. 21, 1990) as 9 GCA § 86.10; amended by P.L. 23-132 (Dec. 30, 1996); amended and moved to this title and chapter by P.L. 27-138:4 (Dec. 30, 2004). Amended by P.L. 37-040:3 (Aug. 11, 2023).
8 GCA CRIMINAL PROCEDURE CH. 161 COMPENSATION FOR DAMAGES FROM CRIMINAL ACTIVITIES
§ 161.15. Creation of the Criminal Injuries Compensation 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 a chairperson of the Commission. (b) In the absence of a quorum resulting from a vacancy, the Attorney General, or his Chief Deputy, are hereby granted the same powers and authority as the Commission under this Chapter to carry out the purposes and requirements of this Chapter. SOURCE: Added by P.L. 20-155:2 (Mar. 21, 1990) as 9 GCA § 86.15; amended and moved to this title and chapter by P.L. 27-138:4 (Dec. 30, 2004). Amended by P.L. 32-034:1 (May 10, 2013). 2024 NOTE: Subsection designations added and modified pursuant to the authority of 1 GCA § 1606.
§ 161.20. Tenure and Compensation of Members.
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 the end of one (1) year, one (1) at the end of two (2) years, one (1) at the end of three (3) years, and two (2) at the end of four (4) years. Any member appointed to fill the vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed, shall be appointed for the remainder of the term. A vacancy in the Commission shall not affect its powers. If any member of the Commission is unable to act because of absence, illness or other sufficient cause, I Maga’lahen Guåhan may make a temporary appointment, and such appointee shall have all the powers and duties of a regular member of the Commission for the period of their appointment. SOURCE: Added by P.L. 20-155:2 (Mar. 21, 1990) as 9 GCA § 86.20; amended and moved to this title and chapter by P.L. 27-138:4 (Dec. 30, 2004).
§ 161.25. Powers and Procedures of Commission.
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 take such testimony as the Commission may deem advisable. Any three (3) members shall constitute a quorum. The concurring vote of three (3) members shall be necessary to take any action. Any member of the Commission may administer oaths or affirmations to witnesses appearing before the Commission. The Commission shall have such powers of subpoena and compulsion of attendance of witnesses and production of documents and of examination of witnesses as are conferred upon the Superior Court. Subpoena shall be issued under the signature of the Chairman. The Superior Court may, upon the application of the Commission, enforce the attendance and testimony of any witness and the production of any documents so subpoenaed. Subpoena and witness fees and mileage shall be the same as in criminal cases in the Superior Court, and shall be payable from funds appropriated for expenses of administration. SOURCE: Added by P.L. 20-155:2 (Mar. 21, 1990) as 9 GCA § 86.25; amended and moved to this title and chapter by P.L. 27-138:4 (Dec. 30, 2004).
§ 161.30. Hearings and Evidence.
(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 any case in which the person entitled to make an application is a child, the application may be made on his or her behalf by his or her parent or legal guardian. In any case in which the person entitled to make an application is mentally defective, the application may be made on his or her behalf by his or her guardian or such other individual authorized to administer the estate.
8 GCA CRIMINAL PROCEDURE CH. 161 COMPENSATION FOR DAMAGES FROM CRIMINAL ACTIVITIES
(b) All hearings shall be open to the public, except that the Commission is authorized to conduct closed meetings to adjudicate victim compensation. Where under this Chapter a person is entitled to appear and be heard by the Commission, that person may appear in person or by his or her attorney. (c) Every person appearing under this Chapter shall have the right to produce evidence and to cross-examine witnesses. The Commission may receive as evidence any statement, document, information or matter that may, in the opinion of the Commission, contribute to its functions under this Chapter, whether or not such statement, document, information or matter would be admissible in a court of law. (d) If any person has been convicted of any offense with respect to an act or omission on which a claim under this Chapter is based, proof of that conviction, unless an appeal against the conviction or a petition for a hearing in respect of the charge is pending or a new trial or rehearing has been ordered, shall be taken as conclusive evidence that the offense has been committed. (e) Confidential records of a crime victim or eligible applicant are not subject to disclosure, inspection, publication, broadcasting, production, or reporting without the prior written consent of the victim or eligible applicant, except as compelled by statute, court mandate, or allowed by federal regulations. SOURCE: Added by P.L. 20-155:2 (Mar. 21, 1990) as 9 GCA § 86.30; amended and moved to this title and chapter by P.L. 27-138:4 (Dec. 30, 2004). Subsection (b) amended and subsection (e) added by P.L. 37-040:4 (Aug. 11, 2023).
§ 161.35. Medical Examination.
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 § 86.35 amended and moved to this title and chapter by P.L. 27-138:4 (Dec. 30, 2004).
8 GCA CRIMINAL PROCEDURE CH. 161 COMPENSATION FOR DAMAGES FROM CRIMINAL ACTIVITIES
§ 161.40. Attorney Fees.
(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 (2,000.00). SOURCE: Added by P.L. 20-155:2 (Mar. 21, 1990) as 9 GCA § 86.40; amended and moved to this title and chapter by P.L. 27-138:4 (Dec. 30, 2004).
§ 161.45. Reconsideration by Commission; Judicial Review.
(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 aggrieved by an order or decision of the Commission on the sole ground that the order or decision was in excess of the Commission’s authority or jurisdiction, shall have a right of appeal to the Superior Court; provided, that the appeal is filed with the Commission within thirty (30) days after service of an original or a certified copy of such order or decision. Except as otherwise provided in this Section, orders and decisions of the Commission shall be conclusive and not subject to judicial review. SOURCE: Added by P.L. 20-155:2 (Mar. 21, 1990) as 9 GCA § 86.45; amended and moved to this title and chapter by P.L. 27-138:4 (Dec. 30, 2004).
8 GCA CRIMINAL PROCEDURE CH. 161 COMPENSATION FOR DAMAGES FROM CRIMINAL ACTIVITIES
§ 161.50. Eligibility for Compensation.
(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 its discretion, upon an application, order the payment of compensation in accordance with this Chapter: (1) to or for the benefit of the victim; (2) to any person responsible for the maintenance of the victim, where that person has suffered pecuniary loss or incurred expenses as a result of the victim’s injury or death; (3) in the case of the death of the victim, to or for the benefit of any one (1) or more of the dependents of the deceased victim; or (4) to a spouse, to a parent of an adult deceased victim, or to an adult son or daughter of a deceased victim, where in the case of death of the victim, the spouse, the parent, or adult son or daughter has incurred expenses on account of hospital, medical, funeral, and burial expenses as a result of the victim’s injury and death. (b) For the purposes of this Chapter, a person shall be deemed to have intentionally committed an act or omission, notwithstanding that by reason of age, insanity, drunkenness or otherwise, he or she was legally incapable of forming a criminal intent. (c) In determining whether to make an order under this Section, the Commission may consider any circumstances it determines to be relevant, and the Commission shall consider the behavior of the victim, and whether, because of provocation or otherwise, the victim bears any share of responsibility for the crime that caused his or her injury or death, and the Commission shall reduce the amount of compensation in accordance with its assessment of the degree of such responsibility attributable to the victim.
8 GCA CRIMINAL PROCEDURE CH. 161 COMPENSATION FOR DAMAGES FROM CRIMINAL ACTIVITIES
(d) An order may be made under this Section whether or not any person is prosecuted for or convicted of a crime arising out of an act or omission described in Subsection (a) of this Section; provided, that an arrest has been made or such act or omission has been reported to the police without undue delay. No order may be made under this Section unless the Commission finds that: (1) the act or omission did occur; and (2) the injury or death of the victim resulted from the act or omission. (e) Upon application from either the Attorney General or the Chief of Police, the Commission may suspend proceedings under this Chapter for such period as it deems desirable on the ground that a prosecution for a crime arising out of the act or omission has been commenced or is imminent, or that release of the investigation report would be detrimental to the public interest. (f) If a resident of Guam is a victim of a crime as defined in Section 161.55 of this Chapter, but the crime occurred outside the boundaries of Guam, the resident has the same rights under the provisions of this Chapter as if the crime had occurred within Guam upon a showing that the state, territory, country or political subdivision of a country in which the crime occurred does not have a crime victim’s compensation law which covers the injury or death suffered by the resident. SOURCE: Added by P.L. 20-155:2 (Mar. 21, 1990) as 9 GCA § 86.50; amended by P.L. 23-132 (Dec. 30, 1996); amended and moved to this title and chapter by P.L. 27-138:4 (Dec. 30, 2004). Subsection (a)(4) amended by P.L. 37-040:5 (Aug. 11, 2023).
§ 161.55. Violent Crimes.
(a) The crimes to which this Chapter applies are the following:
- Aggravated Murder (9 GCA § 16.30);
- Murder (9 GCA § 16.40);
- Manslaughter (9 GCA § 16.50); (4) Aggravated Assault (9 GCA § 19.20);