Guam

No recent or pending legislation.

Guam does not have a stand-alone DNA databank statute. Guam’s only mandatory-collection provision is embedded in its Sex Offender Registration Act, 9 GCA Chapter 89.

Arrestees: No law. DNA collection only happens upon conviction for sex offenders.

Convicted Offenders: Yes, split across two statutes.

Qualifying Crimes: Under 9 GCA § 89.03(c), every person convicted in court of a criminal sexual conduct offense or a criminal offense against a victim who is a minor must provide a biological sample to the Guam Police Department for DNA profile information upon conviction, with parallel deadlines for those incarcerated (90 days), on parole or probation (initial registration or 30 working days), and for all other § 89.03(a) registrants; intentional or knowing failure is a third degree felony, and § 89.03(c)(6) requires entry of the resulting profile into CODIS. Separately, the DNA Profiling Act, 8 GCA §§ 120.201–120.205, requires testing within three days of conviction of any Chapter 25 or 25A offense, or of a Chapter 13, 22 or 30 offense committed in conjunction with or attempting one. There is no all-felony mandate and no misdemeanor (non-sex) mandate, though misdemeanor fourth degree criminal sexual conduct under § 25.30(b) does qualify.

Statutes/Case Law

• 9 GCA § 89.03(c); 9 GCA § 89.08(d)
• 8 GCA §§ 120.201–120.205 (DNA Profiling Act)

Legislative History

• Substitute Bill No. 299 (COR) (1999) → P.L. 25-75, signed by Governor Carl T.C. Gutierrez November 9, 1999. Added Chapter 89 to Title 9 GCA, “Crimes Against Minors and Sex Offender Registry,” and with it Guam’s first DNA collection mandate at § 89.03(c), “Biological Samples”: every person convicted in the Superior Court of Guam of a criminal sexual conduct offense, or of a criminal offense against a victim who is a minor, must provide a biological sample to the Guam Police Department for DNA typing no later than thirty (30) calendar days after sentencing; those convicted before the effective date and incarcerated on it, within six (6) months; those released on parole or probation after January 1, 1993, at initial registration; and out-of-jurisdiction registrants under § 89.03(a)(2)–(4), at initial registration. Intentional or knowing failure to provide a sample carries the same penalty as failure to provide initial registration information, and the Governor’s transmittal letter records that the chapter was enacted as a condition of federal funds — absent enactment, Guam faced a 10% biennial penalty against federal law enforcement funding.
• Bill No. 86 (LS) (2005) → P.L. 28-77, signed December 5, 2005. Amended Chapter 89 to require sex offenders already registering in Guam to give notice of each institution of higher education at which they are employed, carry on a vocation, or are a student, and to ensure that information reaches the law enforcement agency with jurisdiction over the institution and is entered into the registry. Carried § 89.03(c) forward without changing the DNA collection triggers or the thirty-day post-sentencing deadline.
• Bill No. 105 (EC) (2007) → P.L. 29-30, signed October 25, 2007. Amended Chapter 89 and reverted the chapter title, which P.L. 29-7 (Sept. 7, 2007) had changed to “Crimes Against Minors, Sex Offender Registry and Electronic Monitoring of Sex Offenders.” Tightened § 89.03(c) materially: the collection trigger moved from “no later than thirty (30) calendar days after the person’s sentencing” to upon conviction; the retroactive deadline for those incarcerated on the effective date dropped from six (6) months to three (3) months; the January 1, 1993 cutoff for parole and probation cases was dropped, and those registrants must now provide the sample at initial registration or within thirty (30) working days of it.
• Bill No. 428-30 (COR) (2010) → P.L. 30-223, signed by Governor Felix P. Camacho December 30, 2010. Repealed and reenacted Chapter 89 in full to conform Guam’s registry to the federal Adam Walsh Child Protection and Safety Act (SORNA), establishing Level One, Two and Three offender tiers with lifetime registration for Levels One and Two and fifteen (15) years for Level Three. Recast § 89.03(c) in terms of “DNA profile information” rather than “DNA typing,” extended it to persons convicted “in court” rather than only in the Superior Court of Guam, set the retroactive deadline for incarcerated persons at ninety (90) calendar days, and made intentional or knowing failure to provide a sample a felony of the third degree under § 89.05(f). Most significantly, it added 89.03(c)(6) — all biological samples provided to GPD under that subsection “shall be submitted for analysis and entry of the resulting DNA profile into the Combined DNA Index System (CODIS)” — and § 89.03(a)(5)(H), making “A DNA sample of the offender” mandatory registry content.
• Substitute Bill No. 99-31 (COR) (2012) → P.L. 31-171, signed by Governor Eddie Baza Calvo February 3, 2012. Enacted the “DNA Profiling Act,” Guam’s only freestanding DNA statute, as a new Article to Chapter 120 of Title 8 GCA (Judgment and Sentence), codified at 8 GCA §§ 120.201–120.205. Section 120.202 requires DNA testing “for law enforcement identification purposes” from any person convicted of a violation of 9 GCA Chapter 25 (Sexual Offenses) or Chapter 25A (Solicitation of Children and Child Pornography), or of Chapter 13 (attempt, solicitation, conspiracy), Chapter 22 (kidnapping) or Chapter 30 (family violence) “committed in conjunction with or an attempt to commit” a Chapter 25 or 25A violation — within three (3) days of conviction going forward, and for prior convictions within ninety (90) days if not incarcerated or before release if a Department of Corrections inmate. Sections 120.203 through 120.205 place the test reports in the central criminal records repository of GPD’s Criminal Records Division, require that all samples provided to GPD be submitted for entry into CODIS, leave operations and funding to GPD (third-party laboratory or in-house capacity; federal grants, appropriations, or “fees assessed to parolees and/or registered sex offenders”), and preserve judges’ authority to require the defendant to pay for testing as a condition of sentencing; Section 2 added 9 GCA § 89.01(aa) defining DNA. Governor Calvo signed it while objecting in his transmittal letter that it was an unfunded mandate with no appropriation to GPD.
• Bill No. 243-36 (LS) (2022) → P.L. 36-101, signed June 15, 2022. Amended §§ 25.10(a), 25.15(a)(4)–(7), 25.20(a)(4)–(7), 25.25(a)(3) and 25.30(a)(2) of Chapter 25, Title 9 GCA, to define “consent,” replace “mentally defective” with “mentally impaired,” and expand the definitions of “mental incapacitation” and “physically helpless.” Does not mention DNA and does not amend either DNA authority. It belongs in this history because 8 GCA § 120.202(a)(1) keys DNA collection to Chapter 25 violations, so redefining those offenses moved the boundaries of Guam’s DNA collection population.
• Bill No. 244-36 (LS) (2022) → P.L. 36-102, signed June 15, 2022, effective thirty (30) days following enactment. Added Chapter 163 to Title 8 GCA, the “Survivor’s Bill of Rights Act of 2022” — Guam’s sexual assault kit preservation and notification statute. Section 163.40(g) gives victims the right to have forensic medical evidence, if collected, “preserved without charge for the duration of the maximum applicable statute of limitations, or twenty (20) years, whichever is shorter,” and, upon request, to receive written information about “the location, testing date, and testing results of a kit, whether a DNA profile was obtained from the kit, whether or not the DNA profile was consistent with DNA profiles in state or federal databases,” where disclosure would not compromise an ongoing investigation. The same subsection requires GPD, on written request, to give notice not later than sixty (60) days before intended destruction of a kit, to inform survivors in writing of collection and preservation policies, and to grant further preservation on request; § 163.40(f) bars preventing or charging for a medical forensic examination.
• L. 38-38 (2025), signed August 18, 2025. Added § 163.40(l) to the Survivor’s Bill of Rights Act, giving sexual assault victims the right to access emergency contraception under Chapter 98, Title 10 GCA. No DNA provisions; included for completeness of the Chapter 163 chain.

No law or program identified.

No law or program identified.

No law or program identified.

No law or program identified.