Lawmakers advance bill to limit intoxication defense in criminal cases

Vice Speaker introduced Bill 138-38 to amend section 7.58 of article 2, chapter 7, title 9 of the Guam Code Annotated to clarify criminal responsibility for acts committed while voluntarily intoxicated. The sponsor said the measure would ensure that voluntary intoxication does not excuse criminal conduct while preserving defenses for involuntary intoxication.

Committee members described careful review with the Attorney General’s office, the Judiciary, the Public Defender Service, Guam Behavioral Health and Wellness Center, and victim-advocacy organizations to avoid unintended consequences and to align definitions within Title 9. One senator asked how often the intoxication defense has been successfully used in local courts; committee chairs said data are limited but that testimony suggested the defense is raised in a number of violent cases and that amendments were drafted to maintain evidentiary limits.

The bill’s committee amendment clarifies definitions and treatment of self-induced intoxication, and the sponsor said the change aims to keep existing limits on when intoxication evidence may be considered for intent while removing what proponents called a loophole that could be used to avoid culpability.

After floor debate and an agreed amendment, the Legislature moved the bill to the third reading file with unanimous consent.