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8 GCA § 150.50

Release of Property in Custody

Guam Code AnnotatedTitle 8 — Criminal Procedure
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(a)When a criminal action has been finally determined, the trial court shall, upon application of the person entitled to the possession of any of the property in the custody of the court or a law enforcement agency, order the COL120106 CH. 150 DISPOSITION OF PROPERTY property released to that person unless good cause to the contrary is shown by the Attorney General. The court shall give notice and an opportunity to be heard to the Attorney General and to the person from whom the property was seized when the application for release is filed by another person.

(b)After the expiration of six months following the final determination of the criminal action, the trial court may make an order regarding any property which has not been released under Subsection

(a)as follows:

(1)Property needed in any other criminal action or kept for historical purposes shall be retained.

(2)Property, the possession of which is prohibited by law, shall be delivered to the Attorney General for destruction or other disposition.

(3)Money shall be deposited in the general fund of the Territory.

(4)All other property shall be delivered to the Treasurer of the Territory who may retain it for public use by the Territory, sell it according to law, or destroy any property which is unusable.

(c)Thirty days prior to any order under Subsection (b), the clerk of the court shall have published one time in a newspaper of general circulation in the Territory, a description of the property which will be finally disposed of by court order unless the property is claimed in accordance with this Section.

Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.