GCA Title 9, Chapter 30
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CHAPTER 30 FAMILY VIOLENCE
SOURCE: This Chapter added by P.L. 22-160:2 (Dec. 30, 1994).
- § 30.10. Definitions.
- § 30.20. Family Violence.
- § 30.21. Conditions of Release.
- § 30.30. Powers and Duties of Peace Officers to Arrest for Crimes Involving Family Violence; Determination of Primary Aggressor; Required Report.
- § 30.31. Mandatory Confinement.
- § 30.32. Duties of Peace Officers to Victim of Family Violence; Required Notice to Victim.
- § 30.33. Limitations of Liability.
- § 30.40. Violation of a Court Order.
- § 30.50. Authority of Peace Officer to Seize Weapons.
- § 30.60. Disclosure of Family Violence Shelter.
- § 30.70. Spousal Privileges Inapplicable in Criminal Proceedings Involving Family Violence.
- § 30.80. Deferred Guilty Plea for Family Violence.
- § 30.80.1. Deferred Plea Eligibility.
- § 30.80.2. Deferred Guilty Plea Hearing.
- § 30.80.3. Enforcement of a Deferred Plea Proceedings; Dismissal.
- § 30.80.4. Use of Arrest Record Following Successful Completion of Deferred Plea Agreement.
- § 30.80.5. Counseling and Education Programs.
- § 30.90. Establishment and Requirement of the Domestic Abuse Response Team (DART).
- § 30.100. Maintenance of Systematic Records.
- § 30.200. Family Violence Registry: Central Database of Offenders Who Have Committed Offenses Involving Family Violence, to be Known and Cited as the ‘Family Violence Registry Act.’
- § 30.300. Interfering with the Reporting of Family Violence.
- § 30.400. Release of Victims from Shared Wireless Plans.
§ 30.10. Definitions.
As used in this Chapter: (a) ‘Family violence’ means the occurrence of one (1) or more of the following acts by a family or household member, but does not include acts of self-defense or defense of others: (1) Attempting to cause or causing bodily injury to another family or household member; (2) placing another family or household member in reasonable fear of imminent bodily injury; or (3) Knowingly or intentionally, against the will of another, impeding the normal breathing or circulation of the blood of a family or household member by applying pressure to the throat or neck or by blocking the nose or mouth of a family or household member. (b) ‘Family or household members’ include:
- Adults or minors who are current or former spouses;
- Adults or minors who live together or who have lived together;
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(3) Adults or minors who are dating or who have dated; (4) Adults or minors who are engaged in or who have engaged in a sexual relationship;
- Adults or minors who are related by blood or adoption to the fourth degree of affinity;
- Adults or minors who are related or formerly related by marriage;
- Persons who have a child in common; and (8) Minor children of a person in a relationship described in paragraphs (1) through (7) above. (c) ‘Bodily injury’ as used in this Chapter, has the same meaning as that provided in subsection (b) of § 16.10 of this title; (d) ‘Attempt’ as used in this Chapter, has the same meaning as that provided in § 13.10 of this title; (e) ‘Peace officer’ means any person so defined in 8 GCA § 5.55; (f) ‘Victim’ means any natural person against whom a crime, as defined under the laws of Guam, has been committed or attempted to be committed; (g) ‘Witness’ means any natural person, (1) having knowledge of the existence or nonexistence of facts relating to any crime, or (2) whose declaration under oath is received or has been received as evidence for any purpose, or (3) who has reported any crime to any peace officer, or (4) who has been served with a subpoena issued under the authority of any court in Guam, or (5) who would be believed by any reasonable person to be an individual described in subparagraphs (1) through (4), above, inclusive; (h) ‘Prosecuting attorney’ as used in this Chapter means the Attorney General of Guam and those persons employed by the Attorney General’s office specifically designated by the Attorney General. SOURCE: Added by P.L. 22-160:2 (Dec. 30, 1994). Subitem (a)(3) added by P.L. 33-205:2 (Dec. 15, 2016). Subitem (a)(2) was struck down in People v. Shimizu , 2017 Guam 11, and amended by P.L. 34-062:2 (Nov. 9, 2017). 2017 NOTE: The Supreme Court of Guam struck down subsection (a)(2), holding it was ‘facially invalid because it is unconstitutionally vague.’ People v. Shimizu , 2017 Guam 11. Prior to being found invalid, subsection (a)(2) stated: ‘Placing a family or household member in fear of bodily injury.’ 2013 NOTE: Numbers and/or letters in subsection (g) were altered to adhere to the Compiler’s alpha-numeric scheme in accordance to 1 GCA § 1606.
§ 30.20. Family Violence.
(a) Any person who intentionally, knowingly, or recklessly commits an act of family violence, as defined in § 30.10 of this Chapter, is guilty of a misdemeanor, or of a third degree felony, and shall be sentenced as follows: (1) for the first offense, the court shall impose a sentence of no less than forty-eight (48) hours imprisonment;
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(2) for the second offense, the court shall impose a sentence of no less than thirty (30) days imprisonment; and (3) for the third offense, the offense shall be classified as a third degree felony and the court shall impose a sentence of no less than one (1) year imprisonment. The person, upon conviction, shall be termed a ‘repeat offender’ and may be subject to extended terms pursuant to § 80.38 of Article 2, Chapter 80 of this Title. (b) Upon a written, noticed motion prior to commencement of trial, the defendant may move that a felony charge filed pursuant to this § 30.20, other than a felony charge filed pursuant to § 30.20(a)(3), be reduced to a misdemeanor. Whether any charge, other than a felony charge filed pursuant to § 30.20(a)(3), shall proceed as a misdemeanor or a felony rests within the discretion of the court. (c) In determining whether a felony charge filed pursuant to this § 30.20, other than a felony charge filed pursuant to § 30.20(a)(3), should be reduced to a misdemeanor, the court shall consider the following factors, among others: (1) the extent or seriousness of the victim’s injuries; (2) the defendant’s history of violence against the same victim whether charged or uncharged; (3) the use of a gun or other weapon by the defendant; (4) the defendant’s prior criminal history; (5) the victim’s attitude and conduct regarding the incident; (6) the involvement of alcohol or other substance, and the defendant’s history of substance abuse as reflected in the defendant’s criminal history and other sources; and (7) the defendant’s history of and amenability to counseling. (d) If the court, after a hearing, finds substantial evidence that a victim suffered serious bodily injury, as defined in Subsection (c) of § 16.10, Chapter 16 of this Title, no felony charged filed under this § 30.20 shall be reduced to a misdemeanor unless the court finds that due to unusual circumstances a reduction of the charge is manifestly in the interest of justice. (e) The fact that an alleged criminal act involved family violence, as defined in § 30.10 of this Chapter, shall not preclude the prosecuting attorney from charging and prosecuting the defendant for any other violations of law, subject to the provisions set forth in § 1.22 of Article 1, Chapter 1 of this Title; (f) In any case in which a person is convicted of violating this § 30.20 and probation is granted, the court shall require participation in an education and treatment program as a condition of probation unless, considering all the facts and the circumstances, the court finds participation in an education and treatment program inappropriate for the defendant. (g) If probation is granted, or the imposition of a sentence is suspended, for any person convicted under Subsection (a) of this § 30.20 who previously has been convicted under such Subsection (a) for an offense that occurred within seven (7) years of the offense of the second conviction, it shall be a condition of such probation or suspended sentence that he or she be punished by imprisonment for not less than thirty (30) days, and that he or she participate in, for no less than one (1) year, and successfully complete an education and treatment program, as designated by the court (h) Probation shall not be granted for any person convicted under Subsection (a) of this § 30.20 who previously has been convicted of two (2) or more violations of such Subsection (a) for offenses that occurred within seven (7) years of the most recent conviction. The person shall be sentenced to imprisonment for not
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less than one (1) year, and shall participate in, for no less than one (1) year, and successfully complete an education and treatment program, as designated by the court. SOURCE: Added by P.L. 22-160:2 (Dec. 30, 1994). Amended by P.L. 32-017:1 (Apr. 11, 2013).
§ 30.21. Conditions of Release.
(a) Should a person, charged with a crime involving family violence or a violation of a court order, be released, the court may impose the following conditions of release: (1) an order enjoining the person from threatening to commit or committing acts of family violence against the alleged victim or other family or household member; (2) an order prohibiting the person from harassing, annoying, telephoning, contacting or otherwise communicating with the alleged victim, either directly or indirectly; (3) an order directing the person to vacate the residence; (4) an order directing the person to stay away from the alleged victim and any other family or household member, the residence, school, place of employment, or any other specified place frequented by the alleged victim or any other family or household member; (5) an order prohibiting the person from using or possessing a firearm or other weapon specified by the court; (6) an order prohibiting the person from possession or consumption of alcohol or controlled substances; (7) an order granting the alleged victim possession and use of the automobile and other essential personal effects; (8) an order requiring electronic monitoring, electronic monitoring of home arrest, or electronic monitoring that is capable of notifying an alleged victim if the defendant is at or near a location from which the defendant has been ordered to stay away. The court shall indicate the supervising entity and may order the defendant to pay for the monitoring. The electronic device or the supervising entity, in coordination with the Office of the Attorney General, should immediately notify the alleged victim and law enforcement officials if a stay away order is violated; (9) any other order required to protect the safety of the alleged victim and to ensure the appearance of the person in court. (b) If conditions of release are imposed, the Court shall: (1) issue a written order for conditional release; and (2) immediately distribute a copy of the order to the Guam Police Department and the Office of the Attorney General, Prosecution Division. (c) The Court shall provide a copy of the conditions to the arrested or charged person and his/her counsel upon his or her release. Failure to provide the person with a copy of the conditions of release does not invalidate the conditions if the arrested or charged person has notice of the conditions. (d) If conditions of release are imposed without a hearing, the arrested or charged person may request a prompt hearing before the Court to review the conditions. Upon such a request, the Court shall hold a prompt hearing to review the conditions. (e) When a person who is arrested for or charged with a crime involving family violence or a violation of a court order is released from custody, the Office of the Attorney General shall:
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(1) use all reasonable means to immediately notify the victim of the alleged crime of the release; and (2) furnish the victim of the alleged crime, at no cost, a certified copy of any conditions of release. SOURCE: Added by P.L. 24-239:9 (Aug. 14, 1998). Subsection (a) amended by P.L. 34-071:2 (Dec. 15, 2017) effective 6 months after enactment pursuant to P.L. 34-071:6.
§ 30.30. Powers and Duties of Peace Officers to Arrest for Crimes Involving Family Violence; Determination of Primary Aggressor; Required Report.
(a) If a peace officer has reasonable cause to believe that a person has committed a felony or misdemeanor involving family violence, the peace officer shall presume that arresting and charging the person is the appropriate response. (b) If a peace officer receives complaints of family violence from two (2) or more opposing persons, the officer shall evaluate each complaint separately to determine who was the primary aggressor. If the officer determines that one (1) person was the primary aggressor, the officer need not arrest the other person believed to have committed family violence but the peace officer shall document to the best of his or her ability the evidence concerning the actions of each participant in the incident. (c) In determining whether a person is the primary aggressor the officer shall consider:
- Prior complaints of family violence;
- The relative severity of the injuries inflicted on each person;
- The likelihood of future injury to each person;
- Whether one of the persons acted in self-defense;
- The use or threatened use of a weapon; and
- The use or threatened use of physical force. (d) A peace officer shall not: (1) Threaten, suggest, or otherwise indicate the possible arrest of all parties to discourage requests for intervention by peace officers by any party; or, (2) Base the decision to arrest or not to arrest on:
- (A) The specific consent or request of the victim; or,
- (B) The officer’s perception of the willingness of a victim of or witness to the family violence to testify or otherwise participate in a judicial proceeding. (e) In addition to any other report required, a peace officer who does not make an arrest after investigating a complaint of family violence or who arrests two (2) or more persons for a crime involving family violence must submit a written report setting forth the grounds for not arresting or for arresting both parties. 2013 NOTE: Numbers and/or letters were altered in subsection (d)(2) to adhere to the Compiler’s alpha-numeric scheme in accordance to 1 GCA § 1606.
§ 30.31. Mandatory Confinement.
When a peace officer makes an arrest for family violence the arrestee shall be confined until the magistrate’s hearing, unless released earlier by the Office of the Attorney General. SOURCE: Added by P.L. 24-239: