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2021 Guam Statutes
Title 8 - Criminal Procedures
Chapter 91 - Privacy for Vulnerable Witness

Universal Citation: 8 Guam Code §§ 91.01 - 91.04 (2021)
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8 GCA CRIMINAL PROCEDURE CH. 91 PRIVACY FOR VULNERABLE WITNESSES CHAPTER 91 PRIVACY FOR VULNERABLE WITNESSES SOURCE: This Chapter was added by P.L. 29-126: 1 (Dec. 22, 2008), as §§ 9110191104. Renumbered by Compiler to harmoniously fit this Title. § 91.01 Exclusion of Public from Trial for Sex Offenses Involving Minors Under Age of Eighteen. § 91.02 Exclusion of Public from Trial of Criminal Proceeding Involving Husband and Wife. § 91.03 Exclusion of Public from Trial Involving Crime of Incest, Child Pornography or Criminal Sexual Conduct. § 91.04 Compelling Interest Must Justify Closure. § 91.01. Exclusion of Public from Trial for Sex Offenses Involving Minors Under Age of Eighteen. At the trial of a complaint or indictment for criminal sexual conduct, incest, carnal abuse or other crime involving sex, where a minor under eighteen (18) years of age is the person upon, with or against whom the crime is alleged to have been committed or at the trial of a complaint or indictment for any criminal act in which a child was conceived as a result of such act or related act (such as stalking where the predator committed a prior sexual assault against the stalking victim), or for the non-support of a child born out of wedlock, the judge may exclude the general public from the court room, admitting only such persons as may have a direct interest in the case. § 91.02. Exclusion of Public from Trial of Criminal Proceeding Involving Husband and Wife. The judge may exclude the general public from the court room during the trial of any criminal proceeding involving husband and wife. § 91.03. Exclusion of Public from Trial Involving Crime of Incest, Child Pornography or Criminal Sexual Conduct. To protect the parties involved at a trial arising from a complaint or indictment for incest, child pornography or criminal sexual conduct, the judge may exclude all spectators from the courtroom in which such trial is being held, or from said courtroom during those portions of such trial when direct testimony is to be presented; provided, that either of the parties requests that all spectators be so excluded at the trial or portions thereof; 1 COL 040209 8 GCA CRIMINAL PROCEDURE CH. 91 PRIVACY FOR VULNERABLE WITNESSES and provided further, that the defendant in such trial by a written statement waives his right to a public trial for those portions from which spectators are so excluded. § 91.04. Compelling Interest Must Justify Closure. The court must determine, on a case-by-case basis, whether the Territory's legitimate concern for the victim's well-being necessitates closure of court proceedings as provided for in §§ 91.01, 91.02 and 91.03 of this Chapter. In accommodating the Territory’s interest for closure of court proceedings, the court shall further determine if such accommodation requires the closure or all proceedings or only portions of the proceedings. The court may, in consideration of accommodating the Territory’s interest for closure of court proceedings, deny access to the transcript, court personnel, or any other possible source that could provide an account of the victim's testimony during such time the order of closure was in effect. The court may, in consideration of accommodating the Territory’s interest for closure of court proceedings, deny access to the victim's identity. ---------- 2 COL 040209
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