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B 106-38

AN ACT TO AMEND SUBSECTION (b) OF §60.80, CHAPTER 60, TITLE 8 OF THE GUAM CODE ANNOTATED, RELATIVE TO PROHIBITING PLEA DEALS WITHOUT REASONABLE PROOF OF VICTIM NOTIFICATION.

38th Guam Legislature

Guam law now requires prosecutors to prove victims were notified before accepting guilty pleas, strengthening victim rights in criminal case resolutions.

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Bill Summary · B 106-38

Legislative bill overview

Bill B 106-38 modifies Guam's criminal procedure law to require that plea deals cannot be finalized without demonstrating that victims have been properly notified. This amendment to §60.80(b) creates a procedural gate requiring prosecutors to show reasonable proof of victim notification before accepting any guilty pleas.

Why is this important

Victim notification in criminal cases is a fundamental principle of victim rights law, yet enforcement mechanisms are often weak. This bill directly links plea agreements—which resolve the vast majority of criminal cases—to victim notification compliance, ensuring victims have the opportunity to be heard before cases are resolved. Without this requirement, victims could learn about plea deals only after they're finalized, eliminating their chance to provide input.

Potential points of contention

  • Prosecution burden and case delays: Prosecutors may argue that requiring documented proof of victim notification adds administrative burden and could delay plea resolution, potentially affecting case efficiency and jail overcrowding
  • Definition of "reasonable proof": The bill doesn't define what constitutes "reasonable proof" of notification, creating ambiguity about acceptable methods (email, phone, certified mail, etc.) and potential enforceability issues
  • Victim availability complications: In cases where victims cannot be located despite good-faith efforts, prosecutors and defense counsel may argue this requirement unfairly prevents guilty pleas from being entered, even when both parties agree to terms

Compiled from official sources — confirm details with the bill’s official record.

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