Hawaii Revised Statutes 712a. Forfeiture

  • 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...
  • 712a-2 Jurisdiction.
    (1) The State may commence an in rem proceeding in the circuit court if the property for which forfeiture is sought is within this State...
  • 712a-3 Venue.
    An action brought pursuant to this chapter may be brought in the county which the property is seized or in any county where an...
  • 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,...
  • 712a-5 Property Subject to Forfeiture; Exemption.
    (1) The following is subject to forfeiture: (a) Property described in a statute authorizing forfeiture; (b) Property used or intended for use in the...
  • 712a-5.5 Excessive Forfeitures.
    The court shall limit the scope of a forfeiture judgment issued pursuant to section [712A-5(1)(b)] to the extent the court finds the effect of...
  • 712a-6 Seizure of Property.
    (1) Personal property subject to forfeiture under this chapter may be seized for forfeiture by a law enforcement officer: (a) On process issued pursuant...
  • 712a-7 Powers and Duties of Law Enforcement Officers and Agencies.
    (1) In the event of a seizure for forfeiture under section 712A-6, the property is not subject to replevin, conveyance, sequestration, or attachment but...
  • 712a-8 Notice of Forfeiture Proceedings.
    Unless otherwise provided, whenever notice is required under this chapter it shall be given in one of the following ways: (a) If the owner's...
  • 712a-9 Commencement of Proceedings.
    (1) The prosecuting attorney shall determine whether it is probable that the property is subject to forfeiture and, if so, shall initiate administrative or...
  • 712a-10 Administrative Forfeiture.
    The prosecuting attorney may initiate administrative forfeiture of property other than real property, the estimated value of which is less than $100,000, or of...
  • 712a-11 Judicial Forfeiture Proceedings; General.
    (1) In any judicial or administrative proceeding pursuant to this chapter, the court, on application of the State, may enter any restraining order or...
  • 712a-12 Judicial in Rem Forfeiture Proceedings.
    (1) If a forfeiture is authorized by law, it shall be ordered by a court on an action in rem brought by the prosecuting...
  • 712a-13 Judicial in Personam Forfeiture Proceedings.
    (1) If a forfeiture is authorized by law, it shall be ordered by a court on a petition for forfeiture filed by the prosecuting...
  • 712a-14 Supplemental Remedies.
    (1) The court shall order the forfeiture of any other property of an in personam civil or criminal defendant up to the value of...
  • 712a-15 Disposition of Claims by Court.
    (1) Following the court's disposition of all claims filed under this chapter, or if no such claims are filed, following the expiration of the...
  • 712a-16 Disposition of Property Forfeited.
    (1) All property forfeited to the State under this chapter shall be transferred to the attorney general who: (a) May transfer property, other than...
  • 712a-17 Limitation of Actions.
    Notwithstanding any other provision of law, forfeiture proceedings under this chapter may be commenced at any time within the period in which a criminal...
  • 712a-18 Victim Restitution.
    Nothing herein precludes a court from ordering restitution or reparation to a victim by the defendant as part of a sentence imposed for a...
  • 712a-19 Construction.
    It is the intent of the legislature that this chapter be liberally construed so as to effect the purposes of this chapter. [L 1988,...
  • 712a-20 Short Title.
    This chapter may be cited as the "Hawaii omnibus criminal forfeiture act". [L 1988, c 260, pt of §1, §7; am L 1990, c...

Note

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.

Case Notes

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).

Last modified: October 27, 2016