Forfeiture of Electronic Machine or Device Used to

Conduct Sweepstakes.

(a)Upon a determination by the Department of Revenue and Taxation or the Attorney General that probable cause exists to believe that any electronic machine or device is being operated or is intended to be operated to conduct a sweepstakes or promote a sweepstakes in violation of Title 9 GCA § 64.15 above, the electronic machine or device shall be subject to immediate seizure by law enforcement officials from the Department of Revenue and Taxation, the Guam Police Department, or the Office of the Attorney General.

(b)Any government entity in possession of a seized electronic machine or device shall retain the item pending a disposition order from a Superior Court judge.

(1)Upon application by the Department of Revenue and Taxation, or the Attorney General, or the owner of the electronic machine or device, and after notice to all parties and an opportunity to be heard by all parties,

(A)if the court determines that it is unlawful to possess the electronic machine or device, the Director of the Department of Revenue and Taxation, or the Attorney General, may have the electronic machine or device destroyed, or may use the electronic machine or device for training, or may sell the electronic machine or device at an auction to be held at the place where the electronic machine or device is located, or at another place as determined by the Director of the Department of Revenue and Taxation, or the Attorney General.

(B)If the court determines that the electronic machine or device is not unlawful to possess under COL6/5/2019 CH. 64 GAMBLING Title 9 GCA § 64.15, the electronic machine or device shall be ordered released to its owner upon satisfactory proof of ownership.

(2)Neither the government of Guam nor its officials, employees or agents shall be liable for the seizure of electronic machines and devices under this statute when a court determines that the electronic machine or device is ordered to be released to its owner.

(c)The foregoing procedures for release shall not apply with respect to an item seized for use as evidence in any criminal action or proceeding until after entry of final judgment.