Privileged Communications and Information to Crime

Stoppers Organizations.

(a)Definitions. For purposes of this Section:

(1)Crime Stoppers organizations 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 COL1242015 2006 GUAM RULES OF EVIDENCE ART. V: PRIVILEGES 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 privileged 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 privileged 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 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 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 privileged 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 an COL1242015 2006 GUAM RULES OF EVIDENCE ART. V: PRIVILEGES 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.