Hawaii · statute · Haw. Rev. Stat. ch. 712A · 22 active provisions
In this chapter, unless a different meaning plainly is required: "Attorney general" means the attorney general or deputy attorneys general of the State of Hawaii. "Contraband" means any property the possession of which is illegal. "Controlled substances" means a drug, substance, or immediate precursor in schedules I th…
(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 at the time of the filing of the action. (2) The State may commence a civil in personam proceeding in the circuit court if the courts of this State have in personam jurisdiction of an…
An action brought pursuant to this chapter may be brought in the county which the property is seized or in any county where an owner or interest-holder could be complained against for the conduct alleged to give rise to the forfeiture of the property.
Offenses for which property is subject to forfeiture under this chapter are: (a) All offenses that specifically authorize forfeiture; (b) Murder; kidnapping; labor trafficking; unlicensed sale of liquor; unlicensed manufacture of liquor; gambling; criminal property damage; robbery; bribery; extortion; theft; unauthoriz…
(1) The following shall be subject to forfeiture: (a) Property described in a statute authorizing forfeiture; (b) Property used or intended for use in the commission of, attempt to commit, or conspiracy to commit a covered offense, or that facilitated or assisted the activity; (c) Any firearm that is subject to forfeit…
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 the forfeiture is grossly disproportionate to the nature and severity of the owner's conduct. In determining whether a forfeiture is grossly disproportionate, the court may cons…
(1) Personal property subject to forfeiture under this chapter may be seized for forfeiture by a law enforcement officer: (a) On process issued pursuant to the rules of civil procedure or the provisions of this chapter including a seizure warrant; (b) By making a seizure for forfeiture on property seized on process iss…
(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 is deemed to be in the custody of the law enforcement agency making the seizure for forfeiture. The seizing agency or the prosecuting attorney may authorize the releas…
Notwithstanding the provisions of section 712A-7, a seizing agency or prosecuting attorney shall not enter into an agreement to transfer or refer property seized under section 712A-6 to a federal agency directly, indirectly, through adoption, through an intergovernmental joint task force, or by any other means that wou…
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 or interest-holder's name and current address are known: (i) By personal service; or (ii) By mail; (b) If the owner's or interest-holder's interest is required by law to be on rec…
(1) The prosecuting attorney shall determine whether it is probable that the property is subject to forfeiture and, if so, shall initiate administrative or judicial proceedings against the property within forty-five days of receipt of a written request for forfeiture from a seizing agency. If, on inquiry and examinatio…
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 any vehicle or conveyance, regardless of value. Administrative forfeiture shall be processed in the following manner: (1) The prosecuting attorney shall file a…
(1) In any judicial or administrative proceeding pursuant to this chapter, the court, on application of the State, may enter any restraining order or injunction, require the execution of satisfactory performance bonds, create receiverships, appoint conservators, appraisers, accountants or trustees, or take any other ac…
(1) If a forfeiture is authorized by law, it shall be ordered by a court on an action in rem brought by the prosecuting attorney on a verified petition for forfeiture filed in the criminal or civil division of the circuit court. (2) A civil in rem action may be brought in addition to or in lieu of the civil and crimina…
(1) If a forfeiture is authorized by law, it shall be ordered by a court on a petition for forfeiture filed by the prosecuting attorney in an in personam civil or criminal action. In any civil in personam action brought under this section, the owner or interest-holder may testify, present evidence and witnesses on the…
(1) The court shall order the forfeiture of any other property of an in personam civil or criminal defendant up to the value of the subject property if any of the property subject to forfeiture: (a) Cannot be located; (b) Has been transferred or conveyed to, sold to, or deposited with a third party; (c) Has been placed…
(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 period provided in this chapter for the filing of such claims, the State has clear title to property that is the subject of the in rem or in personam petition and the court shall…
(1) All property forfeited to the State under this chapter shall be transferred to the attorney general, who may: (a) Sell forfeited property to the public by public sale; provided that for leasehold real property: (i) The attorney general shall first offer the holder of the immediate reversionary interest the right to…
Notwithstanding any other provision of law, forfeiture proceedings under this chapter may be commenced at any time within the period in which a criminal proceeding may be instituted for a covered offense pursuant to section 701-108.
Nothing herein precludes a court from ordering restitution or reparation to a victim by the defendant as part of a sentence imposed for a violation of a covered offense. The State shall not be compelled to provide funds for victim restitution or reparation under this chapter.
This chapter may be cited as the "Hawaii omnibus criminal forfeiture act".
(1) Each seizing agency shall maintain the following records for all property seized for purposes of forfeiture: (a) The authority under which the property was seized or forfeited; (b) The date on which each item of property was seized or forfeited; (c) The department or agency that has possession of the seized or forf…