2019 Hawaii Revised Statutes
TITLE 37. HAWAII PENAL CODE
712A. Forfeiture
- 712A-1 Definitions.
- 712A-2 Jurisdiction.
- 712A-3 Venue.
- 712A-4 Covered offenses.
- 712A-5 Property subject to forfeiture; exemption.
- 712A-5.5 Excessive forfeitures.
- 712A-6 Seizure of property.
- 712A-7 Powers and duties of law enforcement officers and agencies.
- 712A-8 Notice of forfeiture proceedings.
- 712A-9 Commencement of proceedings.
- 712A-10 Administrative forfeiture.
- 712A-11 Judicial forfeiture proceedings; general.
- 712A-12 Judicial in rem forfeiture proceedings.
- 712A-13 Judicial in personam forfeiture proceedings.
- 712A-14 Supplemental remedies.
- 712A-15 Disposition of claims by court.
- 712A-16 Disposition of property forfeited.
- 712A-17 Limitation of actions.
- 712A-18 Victim restitution.
- 712A-19 Construction.
- 712A-20 Short title.
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Act 104, Session Laws 1996, repealed the sunset provision of the Hawaii omnibus criminal forfeiture act to make the law permanent.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).
