CHAPTER 712A

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

CHAPTER 712A

FORFEITURE

Section

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-7.5 Equitable sharing program; restrictions

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712A-19 Repealed

712A-20 Short title

712A-21 Records of seized or forfeited property

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Act 104, Session Laws 1996, repealed the sunset provision of the Hawaii omnibus criminal forfeiture act to make the law permanent.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).