Pago Pago, AMERICAN SAMOA — Gov. Lolo Matalasi Moliga has signed into law a Fono approved bill, allowing the prosecution and defense to agree to, and the court to approve, a plea in abeyance.

Meanwhile, a Senate bill introduced early last year calling for the chemical castration of sexual offenders never made it out of committee and was automatically defeated when the 36th Legislature officially closed at the end of September this year.

PLEA IN ABEYANCE LEGISLATION

“This bill represents a key tool in making our criminal system more fair,” the governor wrote to Fono leaders in a letter late September upon signing the Senate bill into law. “A plea in abeyance will allow for appropriate opportunity for a second chance while also putting important limitations to ensure that the public interest in justice is served.”

In accordance with the revised constitution, this bill becomes effective 60-days after the end of the session at which it has been passed. (The legislation was approved during the 4th session of the 36th Legislature - which officially closed at the end of September.)

Provisions of the bill state no plea in abeyance is allowed for any case involving a sexual offense against a victim under 14.

The bill provides that at any time after acceptance of a plea of guilty or no contest but before judgment of conviction and sentence is imposed, the court may, upon the motion of both the prosecuting attorney and the defendant hold the plea in abeyance and not enter judgment of conviction against the defendant nor impose sentence.

If the plea is a felony or any combination of misdemeanors and felonies, an agreement of plea in abeyance would be presented to the court with agreement by both the prosecution and defense.

A plea may not be held in abeyance for a period longer than 18 months if the plea was to any class of misdemeanor or longer than three years if it was for a felony or a combination of misdemeanors and felonies.

A plea in abeyance agreement provides that the court may reduce the degree of the offense and enter judgment of conviction and impose a sentence for a lower degree of offense or allow withdrawal of the defendant’s plea and order dismissal of the case.

CHEMICAL CASTRATION

Samoa News recently received inquiries on the status of the chemical castration of sexual offenders bill — as well as the plea of abeyance.

The “Chemical Castration for Sex Offenders Act” legislation, was introduced in March 2019 by Sen. Tauaa S. Vaouli, who points out in the bill’s preamble that despite “our laws, sexual offenses continue to be a scourge in our society”.

“It is time for the territory to take a firm stand against sex offenders and require them to undergo chemical castration when they are convicted of a sexual offense,” the bill says. “It is vital we hold those who commit sexual crimes accountable for their actions."

According to the preamble, this bill “will send a clear message to perpetrators of this type of reprehensible behavior, that American Samoa will not tolerate this behavior and we will act swiftly and vigilantly to hold perpetrators responsible.”

There were at least three committee hearings on the proposed law and nothing else happen, as the bill remained in committee and was automatically defeated when the 36th Legislature ended in September.

(See Samoa News edition Mar. 25, 2019 for more details on the bill.)