HOUSE OF REPRESENTATIVES

H.B. NO.

1285

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to criminal forfeiture.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. The legislature finds that Hawaii's tourist-dependent economy is strong in part because Hawaii does not allow commercial advertising to intrude on the enjoyment of our most important asset, Hawaii's natural beauty.

Unfortunately, Hawaii's sign laws continue to be challenged by various advertisers. Most recently, an out-of-state aerial advertising company repeatedly displayed illegal commercial banners across Hawaii's skies. Because penalties are currently not strong enough to deter law breaking, the legislature seeks to enable additional tools for the proper enforcement of Hawaii's laws.

The purpose of this Act is to authorize the seizure of airplanes or other vehicles used to violate Hawaii's statewide prohibition on certain outdoor advertising.

SECTION 2. Section 712A-4, Hawaii Revised Statutes, is amended to read as follows:

"712A-4 Covered offenses. Offenses for which property is subject to forfeiture under this chapter are:

(a) All offenses that specifically authorize forfeiture;

(b) Murder, kidnapping, labor trafficking, gambling, criminal property damage, robbery, bribery, extortion, theft, unauthorized entry into motor vehicle, burglary, money laundering, trademark counterfeiting, insurance fraud, promoting a dangerous, harmful, or detrimental drug, commercial promotion of marijuana, methamphetamine trafficking, manufacturing of a controlled substance with a child present, promoting child abuse, promoting prostitution, solicitation of a minor for prostitution, habitual solicitation of prostitution, [or] electronic enticement of a child that is chargeable as a felony offense under state law[;], or outdoor advertising in violation of part IV of chapter 445;

(c) The manufacture, sale, or distribution of a controlled substance in violation of chapter 329, promoting detrimental drugs or intoxicating compounds, promoting pornography, promoting pornography for minors, or solicitation of prostitution near schools or public parks, which is chargeable as a felony or misdemeanor offense, but not as a petty misdemeanor, under state law; and

(d) The attempt, conspiracy, solicitation, coercion, or intimidation of another to commit any offense for which property is subject to forfeiture."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Outdoor Advertising; Criminal Forfeiture

 

Description:

Authorizes the seizure of property used in illegal outdoor advertising.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.