712A-4 Covered offenses
712A-5 Property subject to forfeiture; exemption
712A-5.5 Excessive forfeitures
712A-6 Seizure of property
712A-7 Powers and duties of law enforcement officers and
712A-8 Notice of forfeiture proceedings
712A-9 Commencement of proceedings
712A-10 Administrative forfeiture
712A-11 Judicial forfeiture proceedings; general
712A-12 Judicial in rem forfeiture proceedings
712A-13 Judicial in personam forfeiture proceedings
712A-14 Supplemental remedies
712A-15 Disposition of claims by court
712A-16 Disposition of property forfeited
712A-17 Limitation of actions
712A-18 Victim restitution
712A-20 Short title
L 2001, c 91, §4 purports to amend this chapter.
COMMENTARY ON CHAPTER 712A
Act 104, Session Laws 1996, repealed the sunset provision of the Hawaii omnibus criminal forfeiture act to make the law permanent. The legislature found that forfeitures served a public purpose of removing assets that facilitated or were derived from illegal activity, and that the forfeited assets or their proceeds were being used for, inter alia, administering the forfeiture program and training and educating law enforcement personnel. The legislature also found that forfeitures served as an "immediate deterrent" against future illegal activity involving the forfeited assets or precluded further enjoyment of the forfeited assets. The legislature believed that the criminal forfeiture law was being appropriately applied to aid in the war against drugs. Senate Standing Committee Report No. 2731, House Standing Committee Report No. 409-96.
Hawaii legislature intended administrative forfeitures and judicial in rem forfeiture proceedings under this chapter to be civil proceedings. 83 H. 141, 925 P.2d 311 (1996).