HAGÅTÑA (The Guam Daily Post) — Lawmakers gave their support to a bill that would better assist victims in receiving compensation.
On Monday afternoon, the 37th Guam Legislature held a public hearing for Bill 144-37, which is designed to “strengthen” several parts of the law related to the rights of victims of criminal offenses, in particular how they can receive payment from the Criminal Injuries Compensation Commission.
Elizabeth Barrett-Anderson, a CICC member who helped draft the bill before it was introduced by Speaker Therese Terlaje, explained the impetus for changing the law came about after considering the commission was created 30 years ago, but has been operational only since 2016.
Barrett-Anderson, a former judge, senator and attorney general, then explained she learned of a conflict of interest with a requirement in federal law for confidentiality when awarding compensation, something local law did not mandate.
Because of this, the CICC could not continue compensating victims until it was corrected, she testified.
According to the bill, victims’ records and information will be kept confidential. While hearings will remain open to the public, proceedings will be closed to “adjudicate victim compensation.” The only way victims’ records can be disclosed is if the victims give their consent.
“The commission is very eager to have this looked at, … by the way, Senators, we have not had an adjudication on a claim since October of last year because of the delay in getting the statute amendment,” Barrett-Anderson said.
She also testified that CICC members, as well as victims of crime, “would be very appreciative” if the measure passes promptly.
“I believe there might be a backlog of victims waiting for the commission to do its work,” she added.
Eligibility
While there were few questions from the senators after Barrett-Anderson completed her introduction, they were in support of the bill.
“The bill’s a no-brainer and I’m in full support,” said Sen. Jesse Lujan.
However, to close the hearing, Terlaje, the main sponsor for Bill 144, asked Barrett-Anderson to explain how, even without an arrest, victims of violent crimes are eligible for compensation.
“The only limitations are the various crimes,” said Barrett-Anderson, who referred to the list of 29 violent crimes, which would now include vehicular homicide.
“In a hit-and-run, oftentimes you don’t find the perpetrator who hit the person, killed the person, and it’s never solved, but it doesn’t mean the victim hasn’t suffered harm,” said Barrett-Anderson, who added a police report filed within 18 months of the violent crime can make a victim eligible for compensation.
Speaker Therese Terlaje asks questions of the witness during a public hearing for Bill 144-37 held Monday, July 10, 2023, at the Guam Congress Building in Hagåtña.
Elizabeth Barrett-Anderson, a former judge, senator and attorney general, who now serves as a member of the Criminal Injuries Compensation Commission, testifies during a public hearing Monday, July 10, 2023, at the Guam Congress Building in Hagåtña in favor of Bill 144-37, which she helped craft.
