Report Title:
Drug Houses; Real Property Forfeiture
Description:
Clarifies the scope of seizure of real property in penal provisions.
THE SENATE |
S.B. NO. |
2778 |
TWENTY-SECOND LEGISLATURE, 2004 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to illegal drugs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 712A-6, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:
"(2) [Real property] All real property, including any right, title, and interest in the whole of any lot or tract of land subject to forfeiture under this chapter may be seized for forfeiture by a law enforcement officer pursuant to court order following a pre-seizure hearing in the circuit court in the circuit in which the property is located with notice of the pre-seizure hearing to be made to the owners and interest-holders pursuant to section 712A-8. The court shall order the real property in question to be seized for forfeiture if it finds probable cause that the real property [is] was used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, a violation subject to forfeiture under any provision of the Hawaii Revised Statutes."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
INTRODUCED BY: |
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