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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. It restricts civil asset forfeiture to 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 directs all forfeiture proceeds to the state's general fund instead of allowing law enforcement agencies to keep the proceeds, which previously created a potential financial incentive for seizures. It also establishes new restrictions on transferring seized property to federal agencies, limiting such transfers to cases involving over $100,000 in U.S. currency. The legislation requires law enforcement agencies to maintain detailed public records of all forfeited property, including its authority for seizure, date of forfeiture, possession, description, and estimated value. Additionally, the bill amends reporting requirements, mandating that the Attorney General provide a more comprehensive report to the legislature about forfeiture activities, including the amount of money deposited into the general fund. These changes aim to address concerns raised by the Institute for Justice, which had previously given Hawaii's civil forfeiture laws a "D-" rating and characterized them as "among the nation's worst."

Committee Categories

Budget and Finance, Justice

Sponsors (10)

Last Action

Carried over to 2026 Regular Session. (on 12/08/2025)

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