Bill > SB1126

This bill reforms Hawaii's civil asset forfeiture laws to significantly limit property seizures by requiring a felony conviction before property can be permanently forfeited. Specifically, the bill prohibits the government from seizing property unless the owner has been convicted of a felony offense through a verdict, plea, or no contest plea, with exceptions for situations where the owner did not know about or consent to the criminal activity. The bill also changes how forfeiture proceeds are distributed, mandating that all net proceeds (up to $3 million annually) be deposited into the state's general fund, instead of being distributed among law enforcement agencies and prosecutors as previously allowed. Additionally, the bill creates a specific exemption for animal forfeiture proceedings pending criminal charges. The legislation is motivated by concerns about civil asset forfeiture potentially amounting to "government-sponsored theft" and aims to protect innocent property owners from unwarranted seizures. The changes will take effect on July 1, 2025, and do not retroactively affect rights, penalties, or proceedings that began before the law's effective date.

Justice

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=1126&year=2026