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Legal Information: Guam

Statutes: Guam

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December 10, 2020

161.70. Recovery from Offender

Whenever any person is convicted of an offense that includes any crime enumerated in Section 161.55 of this Chapter and an order for the payment of compensation is or has been made under this Chapter for injury or death resulting from the act or omission constituting such offense, the Commission may institute a derivative action in the Superior Court against the person or against any person liable at law on his or her behalf, in the name of the victim or such of his or her dependents as have been awarded compensation under this Chapter, for such damages as may be recoverable at common law by the victim or such dependents without reference to the payment of compensation. The court shall have jurisdiction to hear, determine and render judgment in any such action. The time of the occurrence of the act or omission until conviction of the offense and, thereafter, as long as the offender is in confinement for conviction of the offense, shall not constitute any part of the time limited for the commencement of the action by the Commission under the applicable statute of limitations. Any recovery in the action shall belong to the government of Guam; provided, that the Commission shall amend its order of compensation to provide for the payment of any portion of the recovery in excess of the amount of compensation prescribed in the order to any of the persons entitled to receive compensation under Section 161.50 of this Chapter in such proportions and upon such terms as the Commission shall deem appropriate.