Guam § 30 - Family Violence Registry: Central Database of Offenders Who Have Committed Offenses

§ 30. 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.”

(a) The Office of the Attorney General, with the mandatory cooperation of law enforcement agencies,

shall maintain a computerized registry database containing information regarding persons who on two (2)

or more occasions have been convicted of a family, domestic or dating violence, and/or stalking offense,

provided, however, if the person is convicted of the offense with the special allegation of the use of a deadly

weapon, or an additional charge of criminal sexual conduct against a minor, or an additional charge of any

sex offenses against a family member, then only one (1) such offense shall be required for his or her listing

on the registry database.

(1) Persons listed in the database pursuant to this Subsection (a) shall be cross-referenced for any

violation(s) of criminal sexual conduct, and/or aggravated assault conviction(s). Any such offense(s)

shall be listed as additional information in the Family Violence Registry database.

(b) The information contained in the Family Violence Registry database is public information, with

the exception of the following:

(1) information regarding the person’s social security number, driver’s license number, or

telephone number; or

(2) information that would identify the victim of the offense with respect to which the conviction

was made.

(c) The database maintained by the Office of the Attorney General under this Section must contain, to

the extent the information is available:

(1) the person’s full name, each alias used by the person, and the person’s date of birth;

(2) the person’s last known address;

(3) a physical description and recent photograph of the person;

(4) a list of offenses for which the person was convicted of two (2) or more cases of domestic,

family or dating violence, and/or stalking; the date of conviction for each offense; and the punishment

prescribed for each offense; and

(5) an indication as to whether the person was discharged, placed on probation or community

supervision, or released on parole or to mandatory supervision following the conviction for each

offense.

COL 2024-12-05

(d) The Office of the Attorney General shall permit a person whose name is included in the database

established under this Section to petition the Department to remove the person’s name from the Family

Violence Registry database in response to the petition if:

(1) a court order of expungement is issued with respect to one (1) of two (2) family, domestic or

dating violence, and/or stalking convictions, unless the person has two (2) or more additional

convictions, or when the person was convicted of the family, domestic or dating violence, and/or

stalking offense with the special allegation of the use of a deadly weapon; or

(2) during the ten (10) year period preceding the date of the petition, the person has not since been

convicted of an offense described in § 30.10, Chapter 30, Title 9, Guam Code Annotated. It is further

provided, however:

(A) that the Office of the Attorney General shall conduct an investigation to see if any other

convictions have occurred under circumstances for which there was a conviction of domestic,

family or dating violence, and/or stalking, criminal sexual conduct, aggravated assault, and/or

homicide, either on Guam or in any other jurisdiction of the United States.

(B) Any conviction for family, domestic or dating violence, and/or stalking, criminal sexual

conduct, aggravated assault or homicide during the prior ten (10) year period shall be cause for

the person not to be removed from the Family Violence Registry.

(e) The Office of the Attorney General may promulgate rules and regulations for petitioning for

removal from the Family Violence Registry database. On the website through which a person may search

the database described by this Section, the Office of the Attorney General shall also include information

regarding:

(1) the manner in which a person may petition for removal of the person’s name from the

database.

(2) The Family Violence Registry database may include information concerning persons

convicted of at least one (1) family, domestic or dating violence, and/or stalking offense committed

prior to or after the effective date of this Act for which there is a conviction of family, domestic or

dating violence, and/or stalking.