Bill lapsed into law without the governor's signature
By Jayvee Vallejera
A raft of bills has been enacted in Guam, one of which lapsed into law after Gov. Lou Leon Guerrero declined to sign it due to concerns over what she said may be the unintended consequences of expanding Guam’s coverage of the “Castle Doctrine.”
That doctrine relates to the defense of one’s home and usually refers to events inside the house, but Bill 39-37 expands that to include areas called the “curtilage” of a home such as its yard, the driveway and other open ground immediately outside a residence.
Leon Guerrero is concerned that the bill “may be a bridge too far for our island,” especially because it was passed without the benefit of a public hearing.
She said the doctrine has, over the centuries, applied only to events inside the home. That means homeowners were not required to retreat from a threat inside their home, and the danger to life or safety was presumed since the intruder was violating the sanctity of home.
Bill 39-37 extends the Castle Doctrine to areas immediately outside of a home and creates a situation that would allow a person to shoot or use deadly force on another who enters these areas, saying only that they feared for their life or were afraid of sustaining serious bodily injury, Leon Guerrero said.
She said expanding the scope of Guam's Castle Doctrine Act would mean that crossing private property without permission would create a rebuttable presumption that a resident may use lethal force against that person, even if the person entering the curtilage is non-threatening, to include neighbors, hikers, religious visitors, or even children chasing stray balls into a neighbor’s yard.
“While there are certain circumstances wherein a person approaching the curtilage of a home may pose a threat, on Guam, there are numerous commonplace instances wherein a person would enter a home's curtilage without posing a threat,” the governor said.
Leon Guerrero said she is concerned that the amendments do not adequately account for Guam’s cultural norms and practices, and would place members of the community at risk for common, innocent circumstances that may lead them to visit another person's land.
The only concession the bill makes is that the habitable property is enclosed or a notice is placed on the boundaries of the curtilage that the property is a “no trespassing” zone.
Also, Bill 39-37 does not adequately define the standard of proof a person must meet to claim self-defense, Leon Guerrero said, adding this will potentially lead to a lack of uniformity in the law’s application.
Even if the procedural defects of the bill were resolved, Leon Guerrero said the bill is such a significant departure from existing law that it would have benefitted from consulting the public first.
Without that input, she declined to sign the bill and just allowed it to lapse into law. The bill is now Public Law 37-122.
The new law, called the “Castle Doctrine Reform Act of 2024,” also provides for a pretrial hearing to determine a defendant's immunity from criminal prosecution under this new law.
It was introduced by Sen. William A. Parkinson and was cosponsored by 13 others.
In addition to Bill 39-37, 14 other bills were also enacted, most of them signed into law, and three others became law after the 10-day period passed without the governor acting on them.
The 11 bills that Leon Guerrero enacted were:
· Bill 155-37 (P.L. 37-110), which gives the Guam justice system teeth by allowing it to compel the attendance of a witness who lives outside of Guam to attend criminal proceedings in Guam.
· Bill 273-37 (P.L. 37-112), which authorizes the Guam Waterworks Authority to establish a Customer Assistance Program to promote water conservation and to facilitate repairs on private property.
· Bill 239-37 (P.L. 37-113), which increases the criminal penalties for the manufacture, distribution or trafficking of methamphetamine or fentanyl and removes the ability of judges to determine whether it is appropriate to sentence first-time drug offenders to shorter prison terms.
· Bill 288-37 (P.L. 37-114) authorizes the Chamorro Land Trust Commission to use funds from its Chamorro Land Trust Survey and Infrastructure Fund to pay for financing obtained from U.S. Department of Agriculture programs that offer long-term loans at below-market rates to help communities develop needed utility infrastructure.
· Bill 243-37 ((P.L. 37-115) removes the statute of limitations for financial and property exploitation of an elderly person or individuals with disability.
· Bill 260-37 (P.L. 37-116), which provides some exemptions to the requirements for the operation of cannabis-related facilities.
· Bill 265-37 (P.L. 37-117) provides tax relief to select property owners by deferring increases in the property tax assessments resulting from the 2024-2025 Island-Wide Real Property Revaluation.
· Bill 261-37 (P.L. 37-118) amends the Guam government’s sick leave policy by expanding the definition of “immediate family members” to include nieces and nephews, in cases when a government employee has to take a leave of absence to care for a sick loved one.
· Bill 294-37 (P.L. 37-120) establishes June 12 of each year as Women Veterans Recognition Day to honor the service and sacrifice of Guam’s female veterans.
· Bill No. 14-37 (P.L. 37-121) sets in place the procedure for public meetings during a public emergency and ensures the right of the public to attend public meetings during public emergencies.
· Bill 296-37 (P.L. 37-123) appropriates $2.46 million for merit bonus payments owed current and former employees of the Guam Memorial Hospital Authority and other Government of Guam agencies earned from fiscal year 2010 to the present.
The three other bills that lapsed into law were:
· Bill 190-37 (P.L. 37-109), which creates the Marianas cyber security working group.
· Bill 246-37 (P.L. 37-111), which governs the lease award of the Chamorro Land Trust leases.
· Substitute Bill 6-37 (P.L. 37-119), which seeks to end employment discrimination for those who use cannabis.
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