PUBLIC LAW 27 - 25
I MINA'BENTE SIETE NA LIHESLATURAN GUÅHAN
2003 (FIRST) Regular Session
Bill No. 43 (LS)
As amended on the Floor.
Introduced by: | v.
c. pangelinan |
AN ACT TO STRENGTHEN THE PROTECTION OF CONFIDENTIAL INFORMATION OF THE GUAM CRIME STOPPERS PROGRAM, THROUGH THE AMENDMENT OF §503.1 OF ARTICLE 5 OF DIVISION 1 OF TITLE 6, GUAM CODE ANNOTATED, RELATIVE TO PRIVILEGED COMMUNICATIONS.
BE IT ENACTED BY THE PEOPLE OF GUAM :
Section 1. Legislative Findings and Intent. I Liheslaturan Guåhan finds that because of a budget shortfall within the government of Guam , the Guam Crime Stoppers Program had to creatively find ways to continue its main objective in assisting the Guam Police Department solve crimes. As part of its effort to prevent a negative impact on the organization caused by the government of Guam's budgetary problems, the organization has considered launching a volunteer program, as well as entering into a partnership between the Guam Crime Stoppers and other groups in our community. Other ideas of the organization include drawing on resources from the private sector of our island. However, the need to strengthen current laws in protecting confidential information of the Guam Crime Stoppers Program is imperative in order to successfully implement its innovative ideas.
Therefore, it is the intent of I Liheslaturan Guåhan to provide the necessary legislation in order to assist the Guam Crime Stoppers Program in its efforts in dealing with the financial cuts, without compromising its services to the people of Guam .
Section 2. §503.1 of Article 5 of Division 1 of Title 6, Guam Code Annotated, is hereby amended to read as follows:
Ҥ503.1. Privileged communications and information to Crime Stoppers organizations. (a) Definitions. For purposes of this Section:
(1) The Crime Stoppers Organization means a private, nonprofit organization that accepts and expends donations for rewards to persons who report to the organization information concerning criminal activity and that forwards the information to the appropriate law enforcement agency;
(2) Privileged communication means information provided by any person, in any manner whatsoever, to a Crime Stoppers organization in reporting alleged criminal activity;
(3) Protected information means the identity of the person reporting criminal activity to a Crime Stoppers organization, any records, statements (oral, written or recorded), papers, documents or any materials whatsoever utilized by a Crime Stoppers organization in reporting criminal activity or in processing such information, whether such information is in the possession of a Crime Stoppers organization, a police ‘Crime Stoppers' coordinator or his staff, or a law enforcement agency receiving such information from a Crime Stoppers organization or a third party or entity that was a part of the process of gathering or transmitting such records, statements (oral, written or recorded), papers, documents or any materials or information that could individually or collectively be used, either directly or indirectly, to reveal the identity of the informant.
(b) Nondisclosure of privileged communication or protected information. No person, police ‘Crime Stoppers' coordinator or his staff, or member of a Crime Stoppers organization's board of directors, crime stoppers volunteer , or any other person or entity who has such information or knowledge of such information shall be required to disclose, by way of testimony or any other means, privileged communication or protected information unless such failure to disclose infringes on the constitutional rights of the accused. Nor shall such persons be required to produce, under subpoena, any records, documentary evidence, opinions or decisions relating to such privileged communication or protected information (i) in connection with any criminal case , criminal proceeding, civil case , civil proceeding or any administrative hearing of whatever nature, or (ii) by way of any discovery procedure.
(c) Inspection of records. Any person arrested or charged with a criminal offense may petition the court for an in camera inspection of the records of a privileged communication or protected information concerning such person made to a Crime Stoppers organization. The petition shall allege facts showing that such records would (i) provide evidence favorable to the accused, (ii) be relative to the issue of guilt, and (iii) cause a deprivation of a constitutional right if such communication or information is not disclosed. If the court determines that, based on such criteria, the person is entitled to all or any part of such records, it may order production and disclosure as is necessary, protecting to the extent possible, the identity of the ‘Crime Stoppers' informant.
(d) Penalty for disclosure. Disclosure of a privileged communication or protected information in violation of this Section shall be a felony of the third degree.
(e) Although the Crime Stoppers organization is authorized to hire legal counsel to assure the enforcement of the provisions of this Section and to provide protection of information as set out in this Section, the Attorney General shall, to the extent possible, quash any subpoenas or other discovery efforts to obtain any protected information as defined in Subsection (a) above and shall, to the extent authorized by law, take whatever action is necessary to assure anonymity of the Crime Stoppers informant and to protect said protected information .”
Section 3. Severability. If any provision of this Law or its application to any person or circumstance is found to be invalid or contrary to law, such invalidity shall not affect other provisions or applications of this Law which can be given effect without the invalid provisions or application, and to this end the provisions of this Law are severable.