712A-17 Limitation of actions.
§712A-17 Limitation of actions. Notwithstanding any other provision of law, forfeiture proceedings under this chapter may be commenced at any time within the period in which a criminal proceeding may be instituted for a covered offense pursuant to section 701-108. [L 1988, c 260, pt of §1; §7; am L 1990, c 197, §1; am […]
712A-18 Victim restitution.
§712A-18 Victim restitution. Nothing herein precludes a court from ordering restitution or reparation to a victim by the defendant as part of a sentence imposed for a violation of a covered offense. The State shall not be compelled to provide funds for victim restitution or reparation under this chapter. [L 1988, c 260, pt of […]
712A-4 Covered offenses.
§712A-4 Covered offenses. Offenses for which property is subject to forfeiture under this chapter are: (a) All offenses that specifically authorize forfeiture; (b) Murder; kidnapping; labor trafficking; unlicensed sale of liquor; unlicensed manufacture of liquor; gambling; criminal property damage; robbery; bribery; extortion; theft; unauthorized entry into motor vehicle; burglary; money laundering; trademark counterfeiting; insurance fraud; […]
712A-19 Construction.
§712A-19 Construction. It is the intent of the legislature that this chapter be liberally construed so as to effect the purposes of this chapter. [L 1988, c 260, pt of §1, §7; am L 1990, c 197, §1; am L 1993, c 196, §1; am L 1996, c 104, §6]
712A-5 Property subject to forfeiture; exemption.
§712A-5 Property subject to forfeiture; exemption. (1) The following is subject to forfeiture: (a) Property described in a statute authorizing forfeiture; (b) Property used or intended for use in the commission of, attempt to commit, or conspiracy to commit a covered offense, or which facilitated or assisted such activity; (c) Any firearm which is subject […]
712A-20 Short title.
§712A-20 Short title. This chapter may be cited as the “Hawaii omnibus criminal forfeiture act”. [L 1988, c 260, pt of §1, §7; am L 1990, c 197, §1; am L 1993, c 1993, c 196, §1; am L 1996, c 104, §6]
712A-5.5 Excessive forfeitures.
§712A-5.5 Excessive forfeitures. The court shall limit the scope of a forfeiture judgment issued pursuant to section [712A-5(1)(b)] to the extent the court finds the effect of the forfeiture is grossly disproportionate to the nature and severity of the owner’s conduct. In determining whether a forfeiture is grossly disproportionate, the court may consider: (1) The […]
713-1300 Repeal and recodification.
§713-1300 Repeal and recodification. Omitted as functus. APPENDIX 1. ABBREVIATIONS Colum. L. Rev. Columbia Law Review Eng. Rep. English Reports–Full Preprint F. Federal Reporter F.2d Federal Reporter, Second Series F. Supp. Federal Supplement Haw. Hawaii Reports H.R.S. or HRS Hawaii Revised Statutes H.R.Cr.P. Hawaii Rules of Criminal Procedure (1960) Ill. Cr. Code Illinois Criminal Code […]
712A-6 Seizure of property.
§712A-6 Seizure of property. (1) Personal property subject to forfeiture under this chapter may be seized for forfeiture by a law enforcement officer: (a) On process issued pursuant to the rules of civil procedure or the provisions of this chapter including a seizure warrant; (b) By making a seizure for forfeiture on property seized on […]
712A-7 Powers and duties of law enforcement officers and agencies.
§712A-7 Powers and duties of law enforcement officers and agencies. (1) In the event of a seizure for forfeiture under section 712A-6, the property is not subject to replevin, conveyance, sequestration, or attachment but is deemed to be in the custody of the law enforcement agency making the seizure for forfeiture. The seizing agency or […]