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 […]
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 […]
712A-8 Notice of forfeiture proceedings.
§712A-8 Notice of forfeiture proceedings. Unless otherwise provided, whenever notice is required under this chapter it shall be given in one of the following ways: (a) If the owner’s or interest-holder’s name and current address are known: (i) By personal service; or (ii) By mail; (b) If the owner’s or interest-holder’s interest is required by […]
712A-9 Commencement of proceedings.
§712A-9 Commencement of proceedings. (1) The prosecuting attorney shall determine whether it is probable that the property is subject to forfeiture and, if so, shall initiate administrative or judicial proceedings against the property within forty-five days of receipt of a written request for forfeiture from a seizing agency. If, on inquiry and examination, the prosecuting […]
712A-10 Administrative forfeiture.
§712A-10 Administrative forfeiture. The prosecuting attorney may initiate administrative forfeiture of property other than real property, the estimated value of which is less than $100,000, or of any vehicle or conveyance, regardless of value. Administrative forfeiture shall be processed in the following manner: (1) The prosecuting attorney shall file a petition with the attorney general, […]
712A-11 Judicial forfeiture proceedings; general.
§712A-11 Judicial forfeiture proceedings; general. (1) In any judicial or administrative proceeding pursuant to this chapter, the court, on application of the State, may enter any restraining order or injunction, require the execution of satisfactory performance bonds, create receiverships, appoint conservators, appraisers, accountants or trustees, or take any other action to seize, secure, maintain, or […]
712A-12 Judicial in rem forfeiture proceedings.
§712A-12 Judicial in rem forfeiture proceedings. (1) If a forfeiture is authorized by law, it shall be ordered by a court on an action in rem brought by the prosecuting attorney on a verified petition for forfeiture filed in the criminal or civil division of the circuit court. (2) A civil in rem action may […]