Bill > SB320

This bill reforms Hawaii's civil asset forfeiture laws to make the process more just and transparent by implementing several key changes. It restricts property seizure to only cases involving felony offenses where the property owner has been convicted of the underlying crime, effectively ending the current practice of seizing property without a criminal conviction. The bill mandates that all forfeiture proceeds be deposited into the state's general fund instead of being retained by law enforcement agencies, which removes the financial incentive for improper seizures. Additionally, the legislation requires law enforcement agencies to maintain detailed public records of all forfeited property, including its authority for seizure, date of forfeiture, description, and estimated value. The bill also limits the transfer of forfeited property to federal agencies, with an exception for cases involving currency over $100,000, and requires the Attorney General to report more comprehensively to the legislature about forfeiture activities. These reforms are based on recommendations from the Institute for Justice, which had previously rated Hawaii's civil asset forfeiture laws as among the worst in the nation, and aim to protect property owners' rights by establishing higher standards of proof and restoring the presumption of innocence.

Justice

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=320&year=2025