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HI SB722

HI SB722
Relating To Property Forfeiture.


summary

Introduced
01/17/2025
In Committee
02/04/2025
Crossed Over
Passed
Dead

Introduced Session

2025 Regular Session

Bill Summary

Restricts civil asset forfeiture to cases involving the commission of a felony offense where the property owner has been convicted of an underlying felony offense. Directs forfeiture proceeds to the general fund. Amends the allowable expenses for moneys in the Criminal Forfeiture Fund. Requires the Attorney General to adopt rules necessary to carry out the purpose of the Hawaii Omnibus Criminal Forfeiture Act. Amends the deadline for the Attorney General to report to the Legislature on the use of the Hawaii Omnibus Criminal Forfeiture Act. Limits the transfer of certain forfeiture property to federal agencies. Establishes records requirements.

AI Summary

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. Specifically, the bill limits civil asset forfeiture to only cases involving a felony offense where the property owner has been convicted of that underlying felony, 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 potentially improper seizures. Additionally, the bill requires detailed record-keeping of all forfeited property, including its authority for seizure, date of forfeiture, description, and estimated value, and mandates that these records be made publicly accessible online. The legislation also restricts law enforcement's ability to transfer seized property to federal agencies and reduces the allowable expenses from the Criminal Forfeiture Fund. By implementing these changes, the bill aims to protect property owners' rights and increase accountability in the asset forfeiture process, addressing concerns raised by civil liberties organizations about the potential for abuse in the current system.

Committee Categories

Budget and Finance, Justice

Sponsors (10)

Last Action

Report adopted; Passed Second Reading and referred to WAM. (on 02/04/2025)

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