COMMITTEE ON CALENDAR COMMITTEE ON GENERAL …

SENATOR FRANK T. ISHIZAKI I Mina' Bente Nuebi Na Liheslaturan Guahan

CHAIRMAN COMMITTEE ON CALENDAR

COMMITTEE ON GENERAL GOVERNMENTAL OPERATIONS AND REORGANIZATION

May 20, 2008

The Honorable Judith Won Pat Speaker I Mina Bente Nuebi Na Liheslaturan Guahan 155 Hesler Place Hagatfia, Guam 96910

Re: Committee Recommendation

Dear Speaker Won Pat:

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~~ .r:: The Committee on General Governmental Operations and Reorganization, to which was referred 238 (LS): An act to amend subsection (b) of §19.30 of Chapter 19 of Title 9 of the Guam Code Annotated, relative to the assault against a Peace Officer, herein reports back with the recommendation TO DO PASS.

Votes are as Follows:

l TO PASS

NOTTO PASS

i TO REPORT OUT ONLY

ABSTAIN

¢ IN ACTIVE FILE I

Sincerely,

Senator Frank T. Ishizaki

155 Hesler Street, Hagatna, Guam 96910 Tel: 475-384112 ·Fax: 475-3844 · ishi:;[email protected]

www.[rankishizaki.com

May 28, 2008




MEMORAl'JD( 'M

TO: All Members Committee on General Governmental Operations and Reorganization

FROM: Chairman

SUBJECT: Voting Sheet

Transmitted herewith are the voting sheets and the Committee Report of the Public Hearing on 238 (LS): An act to amend subsection (b) of §19.30 of Chapter 19 of Title 9 of the Guam Code Annotated, relative to the assault against a Peace Officer.

Your attention to this matter is greatly appreciated.

~; S]llator Frank T. Ishizaki

I (

Attachments

I 55 Hesler Street, Hagatiia, Guam 969 I 0 Tel: 475-384112 · Fax: 475-3844 · ishi;;,aki @ite.net

www.frankishizaki.com




VOTING RECORD

238 (LS): An act to amend subsection (b) of §19.30 of Chapter 19 of Title 9 of the Guam Code Annotated, relative to the assault against a Peace Officer.

Committee Member

Senator Frank T. Ishizaki, Chairman

Senator Frank Blas, Jr., Member

Senator Eddie Calvo, Member

Senator Jim V. Espaldon, Member

Speaker Mark Forbes, Member

Senator Judith P. Guthertz, Member

Senator Jesse A. Lujan, Member

Senator Tina Muna-Barnes, Member

Senator Adolpho B. Palacios, Member

Senator Rory Respicio, Member

Speaker Judith T. Won Pat, Ex-Officio Member

TO

Signature TO PASS NOTTO REPORT PASS OUT

ONLY

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155 Hesler Street, Hagatiia, Guam 96910 Tel: 475-384112 ·Fax: 475-3844 · ishizaki @ite.net

www.{rankishizaki.com

PLACE IN ABSTAIN INACTIVE

FILE


CHAIRMAN COMMITIEE ON CALENDAR

COMMITIEE ON GENERAL GOVERNMENTAL OPERATIONS AND REORGANIZATION

Committee Report

Bill No. 238 (LS)

155 Hesler Street, Hagatfia, Guam 96910 Tel: 475-384112 ·Fax: 475-3844 · ishizaki @ite.net

WWH'. (rankish i::aki. com

Committee on General Governmental Operations and Reorganization

Public Hearing

Bill No. 238 (LS): An act to amend subsection (b) of §19.30 of Chapter 19 of Title 9 of the Guam Code Annotated, relative to the assault against a Peace Officer.

I. Overview:

The Committee on General Governmental Operations and Reorganizations convened for a public hearing at 9:00 a.m. on Tuesday, May 13, 2008 to receive testimony on Bill No. 238 (LS): An act to amend subsection (b) of §19.30 of Chapter 19 of Title 9 of the Guam Code Annotated, relative to the assault against a Peace Officer. Notice of the hearing was disseminated throughout all local media for announcement on the 6th of May, 2008.

Senators Present: Senator Frank Ishizaki, Chairman Senator Adolpho Palacios, Sr., Vice Chairman Senator Ray Tenorio Senator Judith Guthertz Senator Eddie Calvo Senator Ben Pangelinan

Testimony submitted by: •!• Mayor Melissa Savares, Dededo •!• Mayor Ben Gumataotao, Piti •!• Mayor Robert Sanchez Lizama, Yigo •!• James Mitchell, GPD Legal Counsel •!• Chief Paul Suba, Guam Police Department

II. Summary of Testimonies:

Mayor Melissa Savares, Dededo Mayor Melissa Savares supports Bill 238 and feels that under the Bill, inclusion of Mayors, Vice Mayors, and volunteers in a law enforcement capacity bring dignity back to the stated positions. Another point made by Mayor Savares is that Mayors, Vice Mayors and law enforcement volunteers are on the front lines in duty of caring for villages and are at risk to threats, including assault. Mayor Savares then told of an incident at Dededo Park in which her Vice Mayor approached group of individuals drinking alcohol on the park property. The Vice Mayor requested they do not drink alcohol in the park reason being that families and children were using the park for recreational activities. Mayor Savares and her Vice Mayor returned to their park cleanup activity and soon thereafter the individuals whom the Vice Mayor approached, took up slingshot weapons and began shooting the Vice Mayor and other Members of Mayor Savares' staff.

Mayor Savares stated that in their elected positions, Mayors and Vice Mayors are constantly trying to ensure the safety and well being of their people and in doing so, are sometimes faced with threats such as the previously mentioned. In closing, Mayor Savares exclaims full support of Bill 238.

Mayor Ben Gumataotao, Piti Mayor Gumataotao makes record of support for Bill 238. Mayor Gumataotao stated that elected officials have earned titles as Peace officer.

Mayor Robert Sanchez Lizama, Yigo Mayor Lizama stated that Mayor and Vice Mayors are, by election, Peace Officers of Guam. He stated that he supports Bill 238 and feels that as appointed Peace officers of the island, should they be assaulted while performing their duties as Mayors and citizens, penalties placed upon to the assailant(s) should be equal to that of a person who assaults a Guam Police Officer.

Mayor Lizama stated that Bill 238 would provide the titles of Mayors and Vices with more dignity in their elected positions. He also added that as elected officials working toward public safety,there is a fine line between being law enforcement officer and being a peace officer. In closing, Mayor Lizama reiterates support for Bill 238.

James Mitchell, GPD Legal Counsel Mr. Mitchell opened by stating that GPD fully supports the bill. He then stated that he feels Mayors, Vice Mayors, and volunteers in the law enforcement capacity are deserving of protection under Bill 238.

Chief Paul Suba, Guam Police Department Chief Suba opened by stating that he is thankful for the senators' initiative in creating the amendments to Title 9 subsection of§ 19 .30 of Chapter 19 of the Guam Code Annotated. He then stated he feels it makes a clear statement that public safety is at the forefront of the government's priorities. Chief Suba stated that he likes the idea of volunteers being included in the amendments to the Bill calling for Peace Officer titles to be granted to Mayors, Vice Mayors, and again, law enforcement volunteers. Chief Suba states his favor in support of Bill 238.

III. Findings and Recommendations:

The Committee on General Governmental Operations and Reorganizations finds that the amendments proposed in Bill No. 238 would be beneficial to the safety of the People of Guam by providing key individuals such as Mayors, Vice Mayors, and volunteers in the law enforcement capacity, the same protection against assault that is granted to the law enforcement officers of Guam.

Often times, Mayors, Vice Mayors and volunteers in the law enforcement capacity are found in situations where their safety is jeopardized while they perform the duties

expected of them in such positions. With the protection offered by the amendments in Bill No. 238, along with public knowledge of the penalties for assaulting a Peace officer, these situations could very well be deterred.

Bill no. 238 is duly reported to I Liheslaturan Guahan with the recommendation TO PASS.

MINA' BENTE NUEBI NA LlliESLATURAN GUAHAN 2008 (SECOND) Regular Session

Bill No. Jj };{l V Introduced by: F.T. lslU~J?J" ,,tf. /#; , C?J

7

AN ACT TO AMEND SUBSECTION (b) OF §19.30 OF CHAPfER 19 OF TITLE 9 OF THE GUAM CODE ANNOTATED, RELATIVE TO THE ASSAULT AGAINST A PEACE OFFICER.

BE IT ENACTED BY THE PEOPLE OF GUAM:

2 Section 1. Subsection (b) of §19.30 of Chapter 19 of Title 9 of the Guam Code

3 Annotated is hereby amended to read as follows:

4 "(b) An assault against a peace officer who is performing his official duties as a

5 peace officer is a felony of the third degree if the perpetrator knew or should have

6 known that the victim was a peace officer. In any assault against a peace officer, the

7 jury shall, with any finding of guilty, also return a finding as to whether the

8 perpetrator had actual knowledge that the victim was a peace officer. If the jury finds

9 that the perpetrator had actual knowledge that the victim was a peace officer, the

JO court shall impose a minimum sentence of one (1) year in prison without suspension,

11 probation, parole, or work release. For purposes of this §19.30, "peace officer" means

12 one so defined in §5.55, Title 8, Guam Code Annotated, except for a Mayor or a Vice

13 Mayor and to also include those individuals serving in a volunteer enforcement

14 capacity within any government of Guam law enforcement entity.

1

Twenty-Ninth Guam Legislature

Chairman, Committee 011 General

Governmental Operations and Reorganization

SENATOR FRANK T. ISHIZAKI I Mina 'Bente Nuebi Na Liheslaturan Guahan

155 Hesler Street, Hagatifo, Guam 96910 Tel: 475-3841 ·Fax: 475-3844 · [email protected]


AGENDA 9:00am - I :OOpm

• Bill 238 (LS)- An act to amend Subsection (b) of§ 19.30 of Chapter 19 of Title 9 of the Guam Code Annotated, relative to the assault against a peace officer

• Bill 252 (EC)- An act to add a new Article 14 to Chapter 5 of Title 5, Guam Code Annotated relative to the procurement of software

• Bill 265 (EC)- An act relative to updating and enhancing the provision on the forfeiture of assets by local Government of Guam Law Enforcement Agencies through providing the Guam Police Department with a more timely recording, disposition and use of assets seized in accordance with the Assets Forfeiture Laws of Guam; through amending §79102 of Chapter 79, Title 10, Guam Code Annotated.

• Bill 267 (EC)- An act to repeal and reenact Aliicle 6 of Chapter 4 of Title 4 of the Guam Code Annotated relative to enhanced placement program; clarifying government agencies that are affected upon the displacement of public employees caused by outsourcing and privatization; prescribing definitions and eligibility of separated classified employees affected by reorganization

Testimonies can be submitted in advance to the Office of Senator Frank Ishizaki through email at testimony(a)frankishizaki.com or through facsimile at 475-3844. Should you have any questions, please contact Sahara Defensor or Zac Taimanglo at 475-3841. Si Yu'os Ma'ase.

###

I Mina' Bente Nuebi Na Liheslatttran Guahan

Committee on General Governmental Operations and Reorganization Senator Frank T. Ishizaki

Chairman

Tuesday, May 13, 2008 · 9: 00 a.m. Public Hearing Sign In Sheet

Page _J_ of _:I__

Bill No. 238 (LS)-An act to amend Subsection (b) of §19.30 of Chapter 19 of Title 9 of the Guam Code Annotated, relative to the assault against a peace officer. (Ishizaki, Palacios)

NAME AGENCY/ MAILING ADDRESS CONTACT lcQ~/WRITTEN FOR/ AGAINST

(Please Print) ORGANIZATION NUMBER ~STI~ MEASURE

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155 Hesler Street, Hagilti'ia, Guam 96910 Tel: 475-384112 ·Fax: 475-3844 · ishi::[email protected] · www.fiw1kishi::aki.com

I Mina' Bente Nuebi Na Liheslaturan Guahan

Committee on General Governmental Operations and Reorganization Senator Frank T. Ishizaki

Chairman

Tuesday, May 13, 2008 · 9: 00 a.m. Public Hearing Sign In Sheet

Page2_of_L

Bill No. 238 (LS) - An act to amend Subsection (b) of§ 19 .30 of Chapter 19 of Title 9 of the Guam Code Annotated, relative to the assault against a peace officer. (Ishizaki, Palacios)

NAME AGENCY/ MAILING ADDRESS

CONTACT ORAL/WRITTEN FOR/ AGAINST (Please Print) ORGANIZATION NUMBER TESTIMONY MEASURE

1,A efr s~ ~vare,.g 'De}Llo ~A~5 v

155 Hesler Street, Hagatiia, Guam 96910 Tel: 475-384!/2 ·Fax: 475-3844 · [email protected]/ · wwwfrankishizaki.com


Chairman, Committee on General



155 Hesler Street, Hagatiia, Guam 96910 Tel: 475-3841 ·Fax: 475-3844 · [email protected]


May 6, 2008

Notice of Public Hearing

Committee on General Governmental Operations and Reorganization will be holding a public hearing on Tuesday, May 13, 2008 at the Antonio R. Unpingco Legislative Session Hall.

AGENDA 9:00am - 1 :OOpm

• Bill 238 (LS)- An act to amend Subsection (b) of §19.30 of Chapter 19 of Title 9 of the Guam Code Annotated, relative to the assault against a peace officer



• Bill 267 (EC)- An act to repeal and reenact Article 6 of Chapter 4 of Title 4 of the Guam Code Annotated relative to enhanced placement program; clarifying government agencies that are affected upon the displacement of public employees caused by outsourcing and privatization; prescribing definitions and eligibility of separated classified employees affected by reorganization

Testimonies can be submitted in advance to the Office of Senator Frank Ishizaki through email at [email protected] or through facsimile at 475-3844. Should you have any questions, please contact Sahara Defensor or Zac Taimanglo at 475-3841. Si Yu'os Ma'ase.

###

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155 Hesler Street, HagO.tiia, Guam 96910 Tei: 475-3841 ·Fax: 475-3844 · [email protected]


May6, 2008

Notitt of Public Hearing

Committee on General Govenunental Operations and Reorganization will be holding a public hearing on Tuesday, May 13, 2008 at the Antonio R. Unpingco Legislative Session Hall.


Bill 238 (LS)- An act to amend Subsection (b) of§ 19 .30 of Chapter 19 of Title 9 of the Guam Code Annotated, relative to the assault agalnst a peace officer Bill 252 (EC)- An act to add a new Article 14 to Chapter 5 of Title 5, Guam Code Annotated relative to the procurement of software Bill 265 (EC)- An act relative to updating and enhancing the provision on the forfeiture of assets by local Govemment of Guam Law Enforcement Agencies through providing the Guam Police Department with a more timely recording, disposition and use of assets seized in accordance with the Assets Forfeiture Laws of Guam; through amending §79102 of Chapter 79, Title I 0, Guam Code Annotated.

• Bill 267 (Eq.. An act to repeal and reenact Article 6 ofOlapter 4 of Title 4 of the Ou.am Code Annotated relative to enhanced placement program; clarifying government agencies that are affected upon the displacement of public employees caused by outsourcing and privatization; prescribing definitions and eligibility of separated classified employees affected by reorganization

Testimonies can be submitted in advMce ro the Office of Senator Frank Ishiuki through email at tesrjmony@fqmkjshjzaki com or through facsimile at 475-3844. Should you have any questions, please contact Sahara Defensor or Zac Taimanglo at 475.3841. Si Yu'os Ma'!se. -

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155 H~ler Street, Hag!itifa, Guam 96910 Tel: 475-384 J ·Fax: 475-3844 · [email protected]

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May6, 2008

Notice of Public Hearfng

Committee on General Governmental Operations and R~rganization will be holding a public hearing on Tuesday, May 13, 2008 at the Antonio R. Unpingco Legislative Session Halt

~ 9:00am - 1 :OOpm

Bill 238 (LS)- An act to amend Subsection {b) of §19.30 of Chapter 19 of Title 9 of the Guam Code Annotated, relative to the assault against a peace officer Bill 252 (EC)· An act to add a new Anicle 14 to Chapter 5 of Title 5, Guam Code Annotated relative to the procurement of software Bill 265 (EC}- An act relative to updating and enhancing the provision on the forfeiture of assetS by local Government of Guam Law Enforcement Agencies through providing the Guam Police Department with a more timely recording., disposition and use of assets seized in aaordance with the Assets Forfeiture Laws of Guam; through amending 179102 of Chapter 79, TWe 10, Guam Code Annotated,

• Bill 267 (EC)· An act to repeal and reenact Article 6 ofCbapcer 4 of Title 4 of the Guam Code Annotated relative to enhanced placement program; clarifying government agencies that are affected upon the displacement of public employees caused by outsourcing and privatization; prescribing definitions and eligibility of separated classified employees affected by reorganization

Testimonies can be submitted in advance to the Office of Senator Frank Ishizaki through email at testimon;[email protected] or through facsimile at 475-3844. Should you have any questions, please contact Sahara Defensor or Zac Taimanglo at 475-3841, Si Yu'os Ma'Ase.

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155 Hesler Street, Hagatiia, Guam 96910 Tel: 475-3841 ·Fax: 475-3844 · [email protected]

viww .frankishizaki. com

May 9, 2008

Second Notice of Public Hearing



• Bill 238 (LS)- An act to amend Subsection (b) of §19.30 of Chapter 19 of Title 9 of the Guam Code Annotated, relative to the assault against a peace officer



• Bill 267 (EC)- An act to repeal and reenact Article 6 of Chapter 4 of Title 4 of the Guam Code Annotated relative to enhanced placement program; clarifying government agencies that are affected upon the displacement of public employees caused by outsourcing and privatization; prescribing definitions and eligibility of separated classified employees affected by reorganization

Testimonies can be submitted in advance to the Office of Senator Frank Ishizaki through email at [email protected] or through facsimile at 475-3844. Should you have any questions, please contact Sahara Defensor or Zac Taimanglo at 475-3841. Si Yu'os Ma'ase.

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SENATORFRANKT. lSHIZAKI I Mina 'Bente Nuebi Na Liheslaturan Guahan

155HeslerStreet, Hagtitiia, Guam 96910 Tel: 475-3841 ·Fax: 475-3844 · [email protected]

·www,frankishi.zaki.com

May9, 2008

Second Notice bf Public Hl?.llrlng


~ 9:00am - 1 :OOpm

Btll l311 (LS)· An act to amend Subsection (b) of ~19.30 of Chapter 19 of Title 9 of the Guam Code Annotated, relative to the assault against a peace officer Bill 2S2 (EC)- An act to add a new Article 14 to Chapter 5 of Title 5, Guam Code Annotated relative to the procurement of software Bill 265 (Eq- An act rehttive to updating and enhancing the provision on the forfeiture of assets by local Government of Guam Law Enforcement Agencies through providing the Guam Police Department with a more timely recording, disposition and use of assets seized in accordance with the Assets Forfeiture Laws of Guam; through amending §79102 of Chapter 79, Title 10, Guam Code Annotated.

• Bill 267 (EC}- An act to repeal and reenact Article 6 of Chapter 4 of Title 4 of the Guam Code Annotated relative to enl1anccd placement program; clarifying government agencies that are affected upon the displacement of public employees caused by out~urcing and privatization; prescribing definitions and eligibility of separated classified employees affected by reorganization

Testimonies. can be submitted in advance to the Office of Senator Frank Isbi2W through email at tesrimonv@frankishizaki com or through facsimile at 475-3844. Should you have any questions, please contact Sahara Defensor or Zac Taimanglo at 475-3841. Si Yu'os Ma'!se.

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SENATOR FRANK T. ISHIZAKI I Mina 'Bente Nuebi Na Lihes/aturan Gutihan

155 H~lerStreet, Hagdtfia, Guam 96910 Tel: 475-3841 ·Fax: 475·3844 · [email protected]

y,,.wwfrankishizakLcom

May 9, 2008

Second Notice of Pub lie Hearing

Committee on General Governmental Operations and Reorganization will be holding a public hearing on Tuesd!.y, May 13, 2008 at the A.ntonio R. Unpingco Legislative Session Hall.

AGENDA 9:00am - l :OOpm

Bill 238 (LS)-Af> act to amend Subsection (b) of §19.30 of Chapter 19 of Title 9 of the Guam Code Annotated, relative to the a!sault against a peace officer Blll 252 (EC)- An act to add a new Article 14 to Chapter S of Title S, Guam Code Annotated rdative to the procurement of software Bill 265 (EC)- .An act relative to updating and enhancing the provision on the forfeiture of assets by local Government of Guam Law Enforcement Agencies through providing the Guam Police Department with a more timely recording) disposition and use of assets seized in accordance with the Assets Forfeiture Laws of Guam; through amending !79102 ofChapter79, Title l 0, Guam Code Annotated.

• BW 267 (EC)- An act to repeal and reenact Article 6 of Chapter 4 of Title 4 of the Guam Code Annotated relative to enhanced placement program; clarifying government agencies that are affected upon the displacement of public employees caused by out!Ourcing and privatization;. prescribing definitions and eligibility of separated classified employees affected by reorganization

Testimonies can be submitted in advance to the Office of Senator Frank Ishizaki through email at te.i;timony@franki:;;hi:;;aki com or through facsimile at 475-3844, Should you have any question!, please contact Sahara Defensoror Zac Taimanglo at 475-3841. Si Yu'os Ma' Ase.

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