Sex Abuse Bills Now Public Law, by Erin Thompson, Pacific Daily News, March 9, 2011

Sex Abuse Bills Now Public Law

By Erin Thompson
Pacific Daily News
March 9, 2011

http://www.guampdn.com/article/20110310/NEWS01/103100301

Gov. Eddie Calvo, left, shakes hands with Vice Speaker Benjamin Cruz after signing two bills, authored by Cruz, targeting sex abuse of minors. One of the laws opens a two-year window for past victims of child sexual abuse to file civil suit in the Superior Court of Guam; while the other eliminates the statute of limitation on sex crimes against those under the age of 18. The governor signed six other bills during the signing ceremony held at Adelup yesterday. / Erin Thompson/Pacific Daily News

Republican Gov. Eddie Calvo has drawn the accolades of one Democratic senator -- and the ire of another -- for taking action on nine bills passed by the 31st Guam Legislature last month.

In a move that surprised even the bill's sponsor, Calvo signed into law two bills on sex abuse -- including one that has been opposed publicly by the Catholic Church.

"I'm almost speechless, Governor," said Vice Speaker Benjamin Cruz, who introduced the legislation. "I want to commend you for this very courageous act. I know that it was difficult. I know that there were a lot of pressures that were placed upon you."

Bill 34, now Public Law No. 31-07, opens a two-year window for past victims of child sexual abuse to file civil suit in the Superior Court of Guam. Calvo also signed Bill 33, now Public Law No. 31-06, which eliminates the statute of limitation on sex crimes against those under the age of 18.

The bill came under fire from representatives of the Archdiocese of Agana, who asserted in public testimony that the bill targeted the Catholic Church. Senators also reported that they received phone calls ahead of the vote for the bill from Archbishop Anthony Apuron, who acknowledged that he reached out to senators and the governor to share his view on the legislation.

"I know Bill 34 has been controversial for certain reasons. I do believe it is so important that again, anyone who has committed a heinous act such as a violation of our most precious, our most innocent, that not only criminal remedies should occur, but civil as well," Calvo said moments before he signed the bill.

He said he had been concerned with earlier versions of the bill, which included mentions of institutions as well as individuals. He said he was afraid the mention of institutions could cause bankruptcy for organizations "that as a whole provide services and stability for the communities."

"That would hurt the greater good that these organizations perform," Calvo said.

In a press release issued yesterday, the Archdiocese of Agana said it had "reservations" about Bill 34, but noted that the governor "emphasized in his signing message that public and private institutions are not liable under the new law, and allows litigation against perpetrators alone."

Before it passed 9-6, any mention of institutions was taken out of the bill. It was also amended to require a certificate of merit on the validity of the claim before anyone can file suit. The two-year window for claims begins from the date of enactment -- or yesterday, Cruz said. He said he would be working to make details of the legislation known, and to make sure that lawyers are aware of the mandatory legal repercussions for filing a false claim.

The release also stated that the Catholic Church on Guam has "zero tolerance for the sexual abuse of children."

Veto

Sen. Ben Pangelinan had less than flattering words for the governor in response to Calvo's decision to veto Bill 36, which would have provided $100,000 loans and $12,000 grants to small and mid-sized businesses affected by road construction.

"The veto looks to be more of a personal jab at me rather than a thoughtful review of legislation that will provide assistance to the small businesses affected by the road construction projects around the island," Pangelinan said in a press release.

Bill 36 would have created a Government of Guam Mitigation Program for Business Interruption through the Guam Economic Development Authority. The program was intended to reduce the negative impact of road construction on residents and businesses, according to the bill.

But, in his veto message, Calvo called the bill "unnecessary" and said it was "inherently flawed and incapable of reasonable execution by virtue of its several deficiencies."

Calvo said the bill doesn't require businesses to be anywhere near road construction, "much less that they be adversely affected by it." He also said the bill lacked realistic funding sources. Calvo also criticized the funding source of the bill, calling one of the sources "illusory."

In his response to the veto, Pangelinan said the veto cites "false and incorrect" interpretations of the legislation's lack of a valid funding source.

"He should have more sympathy for our small business community as they are struggling to make ends meet every single day," said Pangelinan, who said he would be seeking a legislative override.

BILLS SIGNED INTO LAW

Bill 34, now Public Law No. 31-07, creates a two-year window, beginning yesterday, during which those who experienced sex abuse on Guam as minors can file civil claims in the Superior Court of Guam. Over concerns of false claims, the bill was amended to require that plaintiffs file a "certificate of merit," which includes a review of the merits of the claim by a licensed mental health practitioner and an attorney. Another amendment also removed language in the bill that would have allowed for suits against not just the perpetrators of sexual abuse but institutions found to be grossly negligent in taking care of a child who was abused.

NEW LAWS

Twelve of the 13 laws passed by the 31st Guam Legislature last month are now public law.

Gov. Eddie Calvo took action yesterday on nine laws, signing eight and vetoing one. He also signed three measures on Tuesday. Calvo signed another bill on retirement pay in February. The new laws are:

Bill 9, now Public Law No. 31-05, expands language in animal cruelty laws to make abuse of animals a felony offense. The bill, introduced by Sen. Judith Guthertz, passed 15-0.

Bill 33, Public Law No. 31-06, eliminates the statute of limitations for sexual crimes committed against victims under the age of majority. Introduced by Vice Speaker Benjamin Cruz, with Sens. Rory Respicio and Tina Muna Barnes as co-sponsors, the bill passed 15-0.

Bill 34, now Public Law No. 31-07, will provide a two-year window during which survivors of child sexual abuse who have been barred from filing suit against abusers due to a statute of limitations will be able to do so in Guam Superior Court. The bill, introduced by Cruz and co-sponsored by Barnes, passed 9-6, with Sens. Tony Ada, Frank Blas Jr., Chris Duenas, Guthertz, Respicio and Dennis Rodriguez voting against.

Bill 37, now Public Law No. 31-08, introduced by Guthertz, repeals and reenacts current law relative to the funding for the government of Guam Animal Shelter currently operated by the Guam Animals in Need Inc. The bill passed 15-0.

Bill 41, now Public Law No. 31-09, creates a diversion program for minor sexting, and includes cyberbullying among crimes punishable under Guam law. The bill, introduced by Cruz, with Barnes and Speaker Judith Won Pat co-sponsoring, passed 15-0.

Bill 44, now Public Law No. 31-10, will prohibit the possession, selling, offering for sale, trading or distribution of shark fins and ray parts. The bill, introduced by Cruz and Respicio, passed 15-0.

Bill 47, now Public Law No. 31-11, changes the date of Senior Citizens Day from the third Wednesday of May to a date in May specified by the speaker of the Guam Legislature. The bill passed 15-0.

Bill 48, now Public Law No. 31-12, restricts protests for DOE contracts funded with Recovery Act funds. The bill, introduced by Won Pat and co-sponsored by Sens. Tom Ada and Blas, passed 13-2, with Cruz and Sen. Ben Pangelinan voting against.

VETOED

Bill 36 would have provided grants and loans to small and mid-sized businesses to mitigate the impact of government projects. The bill, introduced by Pangelinan, passed 9-6 with Sens. Tony Ada, Blas, Duenas, Sam Mabini, Mana Silva Taijeron and Aline Yamashita voting against.

Cruz

TO THE POINT

The governor signed into law yesterday legislation that opens a two-year window for past victims of child sexual abuse to file civil suit and another measure that eliminates the statute of limitation on sex crimes against those under the age of 18.