HOUSE OF REPRESENTATIVES
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII
A BILL FOR AN ACT
relating to property forfeiture.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 712A-5, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:
"(2) Except that:
(a) Real property, or an interest therein, may be forfeited under the provisions of this chapter only in cases in which the covered offense is chargeable as a felony offense under state law;
(b) No property shall
be forfeited under this chapter to the extent of an interest of an owner[
reason of any act or omission established by that owner to have been
committed or omitted without the knowledge and consent of that owner;] by
(i) The commission of any covered offense unless the:
(A) Covered offense is chargeable as a felony offense under state law; and
(B) Owner has been convicted of the covered offense by a verdict or plea, including a no contest plea or a deferred acceptance of guilty plea or no contest plea; or
(ii) Any act or omission established by that owner to have been committed or omitted without the knowledge and consent of that owner;
(c) No conveyance used by any person as a common carrier in the transaction of a business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this chapter;
(d) No conveyance is
subject to forfeiture under this section by reason of any act or omission
established by the owner thereof to have been committed or omitted without the
owner's knowledge or consent; [
(e) A forfeiture of a
conveyance encumbered by a bona fide security interest is subject to the
interest of the secured party if the secured party neither had knowledge of nor
consented to the act or omission[
(f) This chapter shall not apply to the forfeiture of an animal prior to disposition of criminal charges pursuant to section 711-1109.2."
SECTION 2. Section 712A-16, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:
"(2) All forfeited property and the sale proceeds
thereof, up to a maximum of three million dollars per year, not previously
transferred pursuant to [
subsection[ ]] (1)(a) of this section, [ shall,]
after payment of expenses of administration and sale, shall be
distributed as follows:
(a) One quarter
shall be distributed to the unit or units of state or local government [whose]
officers or employees conducted the investigation and caused the arrest of the
person whose property was forfeited or seizure of the property for forfeiture; (b) One quarter
shall be distributed to the prosecuting attorney who instituted the action
producing the forfeiture; and (c) One half shall
be deposited into the criminal forfeiture fund established by this chapter.]
(a) One half to the Hawaii law enforcement assisted diversion program or its successor program; and
(b) One half to the state general fund."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
Attorney General; Penal Code; Forfeiture; Civil Assets
Prohibits civil asset forfeiture by reason of the commission of a covered offense, to the extent of the property owner's interest, unless the covered offense is a felony for which the property owner has been convicted. Prohibits the forfeiture of an animal prior to the disposition of criminal charges. Requires the Attorney General to distribute one half of all forfeited property and the sale proceeds thereof to the Hawaii law enforcement assisted diversion program, with the remaining half to be distributed to the state general fund.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.