Bill > SB320

This bill reforms Hawaii's civil asset forfeiture laws to make the process more just and transparent by significantly restricting when and how law enforcement can seize property. The legislation limits civil asset forfeiture to only cases involving felony offenses where the property owner has been convicted of the underlying crime, effectively ending the practice of seizing property without a criminal conviction. The bill mandates that all proceeds from forfeited property be deposited into the state's general fund instead of being retained by law enforcement agencies, which previously created a potential financial incentive for improper seizures. Additionally, the bill requires law enforcement agencies to maintain detailed public records of all forfeited property, including its estimated value and the legal authority for its seizure, and restricts the transfer of forfeited property to federal agencies except in cases involving currency over $100,000. The legislation also amends reporting requirements, mandating that the Attorney General provide a more comprehensive annual report to the legislature about forfeiture activities, and requires the adoption of rules to implement these changes. These reforms are based on recommendations from the Institute for Justice, which had previously given Hawaii's civil asset forfeiture laws a "D-" rating, and aim to protect property owners' rights and restore the presumption of innocence in forfeiture proceedings.

Justice

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=320&year=2026