(a) Any person convicted of violating the provisions of § 69201 of this Chapter three (3) or more times, as provided in § 69206 of this Chapter, shall forfeit the motorboat or vessel in which the third offense, or more, was committed. However, in
those cases where there is a showing of extreme circumstances,
or where the motorboat or vessel is owned by a person other than the person convicted of three (3) or more violations of said § 69201, and the owner had no knowledge that the motorboat or
vessel would be driven by an intoxicated person and that the driver had been convicted of prior violations of said ‘ 69201, the court may order that there be no forfeiture of the motorboat or vessel.

(b) At the time of arrest for an offense under said § 69201, the motorboat or vessel in which the offense was committed shall be impounded by GPD and released only upon the approval of the Prosecution Division of the Attorney General’s Office when it is determined that the motorboat or vessel is not subject to forfeiture under this Section. The seizure and forfeiture of the motorboat or vessel shall be enforced by GPD, and the motorboat or vessel shall be disposed of in accordance with those provisions of law relating to assets forfeiture by public sale or auction at such times as GPD may choose to conduct such sale or auction. The profits made from such sale or auction shall be deposited into the Special Assets Forfeiture Fund, under the Local Assets Forfeiture Account. The Chief of Police of GPD shall convey clear title as owner of said confiscated motorboat or vessel, subject to any perfected security interests in said motorboat or vessel.
SOURCE: Amended by P.L. 26-120:5.

2019 NOTE: Subsection designations added pursuant to authority granted by 1 Guam Code Ann. § 1606