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Bill > SB1029


HI SB1029

HI SB1029
Relating To Property Forfeiture.


summary

Introduced
01/17/2025
In Committee
01/23/2025
Crossed Over
Passed
Dead

Introduced Session

2025 Regular Session

Bill Summary

Prohibits civil asset forfeiture unless the covered offense is a felony for which the property owner has been convicted. Excludes the forfeiture proceedings for an animal pending criminal charges. Requires the Attorney General to deposit the net proceeds of the forfeited property to the credit of the state general fund.

AI Summary

This bill reforms Hawaii's property forfeiture laws by significantly restricting when and how law enforcement can seize property. Specifically, the bill prohibits civil asset forfeiture (the legal process of seizing property suspected of being connected to criminal activity) unless the property owner has been convicted of a felony offense. The bill requires that property can only be forfeited if the owner is convicted through a verdict, plea, or no contest plea, effectively ending the practice of seizing property from individuals who have not been found guilty of a crime. Additionally, the bill changes how forfeiture proceeds are handled, mandating that all net proceeds from forfeited property be deposited into the state's general fund, rather than being distributed among law enforcement agencies and prosecutors as previously allowed. The bill also explicitly excludes animal forfeiture proceedings from these new rules and includes a provision protecting property owners whose property may have been involved in a criminal act without their knowledge or consent. The legislation is designed to prevent what the bill's findings describe as "government-sponsored theft" and ensure that property is not seized without just cause and a criminal conviction.

Committee Categories

Justice

Sponsors (4)

Last Action

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

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