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  Sex Abuse Bill Moves Forward

By Erin Thompson
Pacific Daily News
February 24, 2011

http://www.guampdn.com/article/20110224/NEWS01/102240307

Senators yesterday voted to move a bill that would open a two-year window for victims of past child sexual abuse to file suit in the Superior Court of Guam.

Bill 34, introduced by Vice Speaker Benjamin Cruz, would give an opportunity for those who experienced child sexual abuse on Guam to file civil suit in court.

The move means the bill can be voted on as soon as today .

The bill is the second piece of legislation introduced by Cruz dealing with the issue of sex abuse. He also introduced Bill 33, which would eliminate the statute of limitations on crimes involving sexual abuse. Bill 33 was discussed in session earlier in the week and could also be up for a vote today

Bill 34, however, was met with both criticism and support from members of the Legislature during what turned into an all-day discussion.

Sen. Frank Blas Jr. said that the bill would have a "monumental" effect, and asked whether the law would prevent sex crimes.

Sen. Ben Pangelinan rose in support of the bill, and brought up the effect it could have on the Catholic Church, as an institution that, he said, is at the "forefront" of the issue.

During the Feb. 7 public hearing for the bill, Deacon Jeff Barcinas spoke against the measure on behalf of the Archdiocese of Agana and said the measure would unfairly target the Catholic Church. Barcinas called upon abused individuals to report to the proper authorities as soon as possible and for "fair" laws in dealing with the issue of sexual abuse.

Sen. Tom Ada said he was "emboldened" by Barcinas' testimony, which he said was a turning point in his own support for the bill.

Lawmakers eventually removed language in the bill that would have allowed for suit against not just the perpetrators of sexual abuse but institutions found to be grossly negligent in taking care of a child who was abused.

Bill 48, introduced by Speaker Judith Won Pat, originally proposed an emergency waiver program that would allow the department to go around normal procurement law in order to take advantage of American Recovery and Reinvestment Act funds.The legislation is intended to help DOE use the funds in time for a September 2011 "use-it-or-lose-it" deadline, according the bill.

During discussions yesterday, Blas proposed that the problem was not all of Guam's procurement law, but instead the protest process, which can lead to lengthy delays in awarding contracts.

Blas proposed an amendment that would remove the original language in the bill with a restriction on protests for DOE contracts funded with Recovery Act funds.

Senators then replaced that amendment with a second amendment, giving the public auditor authority to oversee procurement protest. The amendment would make the public auditor the final arbiter on contract decisions. The amendment states, "the determination of facts and decision by the public auditor for the resolution of protests of ARRA funded procurements shall be final and conclusive with no right of appeal or judicial review."

 
 

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