712A-1 Definitions. In this chapter, unless a different meaning plainly is required:

"Attorney general" means the attorney general or deputy attorneys general of the State of Hawaii.

"Contraband" means any property the possession of which is illegal.

"Controlled substances" means a drug, substance, or immediate precursor in schedules I through V of chapter 329, part II.

"Covered offense" means any crime set forth in section 712A-4 or any other offense for which forfeiture is provided by the law relating to a particular offense.

"Enterprise" includes any sole proprietorship, partnership, corporation, association, or any union or group of individuals associated for a particular purpose although not a legal entity.

"Interest-holder" means a person in whose favor there is a security interest or who is the beneficiary of a perfected encumbrance pertaining to an interest in property.

"Law enforcement officer" means any public servant, whether employed by the State or subdivisions thereof or by the United States, vested by law with a duty to maintain public order, to make arrests for offenses, or to enforce the criminal laws, whether that duty extends to all offenses or is limited to a specific class of offenses. The attorney general, deputy attorneys general, county prosecuting attorneys, and deputy prosecuting attorneys engaged in the enforcement of criminal laws are included in the definition of the term law enforcement officer.

"Owner" means a person who is not a secured party within the meaning of section 490:9-102 and who has an interest in property, whether legal or equitable. A purported interest which is not in compliance with any statute requiring its recordation or reflection in public records in order to perfect the interest against a bona fide purchaser for value shall not be recognized as an interest against this State in an action pursuant to this chapter. An owner with power to convey property binds other owners, and a spouse binds the person's spouse, by any act or omission.

"Person" includes any individual or entity capable of holding a legal or beneficial interest in property.

"Person known to have an interest" means a person whose interest in property is reflected in the public records in which the person's interest is required by law to be recorded or reflected in order to perfect the person's interest. If a person's interest in property is not required by law to be reflected in public records in order to perfect the person's interest in the property, a person shall be known to have an interest only if such interest can be readily ascertained at the time of the commencement of the forfeiture action pursuant to this chapter.

"Proceeds" means anything of value, derived directly or indirectly from or realized through unlawful activity.

"Property" means real property, including things growing on, affixed to, and found on land; tangible and intangible personal property, including currency, instruments, vehicles, boats, aircraft or any other kind of conveyance; and all rights, privileges, interests, claims, and securities pertaining to such property.

"Prosecuting attorney" means the prosecuting attorney or deputy prosecuting attorneys of the various counties, or the attorney general or deputy attorneys general when engaged in the prosecution of a criminal offense.

"Seizing agency" means any department or agency of this State or its political subdivisions which regularly employs law enforcement officers, and which employed the law enforcement officer who seized property for forfeiture, or such other agency as the seizing agency may designate in a particular case by its chief executive officer or designee.

"Seizure for evidence" means seizure of property by a law enforcement officer.

"Seizure for forfeiture" means seizure of property by a law enforcement officer coupled with an assertion by the seizing agency or by a prosecuting attorney that the property is subject to forfeiture. [L 1988, c 260, pt of 1, 7; am L 1990, c 197, 1; am L 1993, c 196, 1; gen ch 1993; am L 1994, c 178, 1; am L 1996, c 104, 6; am L 2000, c 241, 7]

 

COMMENTARY ON 712A-1

 

Act 178, Session Laws 1994, amended this section by adding "seizure for evidence" as a new definition. Conference Committee Report No. 27.

Act 241, Session Laws 2000, amended this section by amending the definition of "owner" by changing the section referred to for the meaning of "secured party" from 490:9-105(1) to 490:9-102. This amendment was to make the UCC section referred to consistent with the new article 9, added by this Act.

 

 

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