All Roll Calls
Yes: 230 • No: 10
HawaiiHB 1262025–2026 Regular Session (Year 1)House
RELATING TO PROPERTY FORFEITURE.
Sponsored By: David A. Tarnas (Democratic)
Signed by Governor
Summary
Increases transparency and accountability surrounding property forfeiture. Clarifies which property is subject to forfeiture. Amends the authorized disposition of forfeited property and the proceeds thereof. Requires the Attorney General to adopt rules necessary to carry out the purpose of the Hawaii Omnibus Criminal Forfeiture Act. Repeals language that requires the Hawaii Omnibus Criminal Forfeiture Act to be construed liberally. (CD1)
Hawaii Omnibus Criminal Forfeiture ActCivil Asset ForfeitureProperty ForfeitureJDC, WAM
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 2 benefits, 0 costs, 1 mixed.
More protections for property owners
Property cannot be forfeited for a covered offense unless its owner is charged. If no charge is filed within one year after seizure, the property must be returned, unless it is contraband or otherwise unlawful. An owner can also prevent forfeiture by showing the conduct happened without their knowledge and consent. Real estate can be forfeited only for an offense chargeable as a felony, and a secured lender’s interest survives when it lacked knowledge or consent. The law also excludes certain animal forfeitures from this chapter and removes the direction to read the chapter broadly.
Online records of seized property
Hawaii agencies must record each seizure for forfeiture, including its legal basis, date, custodian, description, and estimated value. The records must be available for inspection and posted on a public website. Agencies and prosecutors also cannot send covered seized property to federal agencies, including through a joint task force. That restriction does not apply when the seized property includes more than $100,000 in U.S. currency.
New rules for forfeited property and money
Forfeited property goes to the attorney general, who handles its sale or other disposal. After sale and administrative costs, one quarter goes to the law enforcement unit involved, one quarter to the prosecutor, and one half to the criminal forfeiture fund; the former $3 million yearly cap is removed. The attorney general can use fund money for forfeiture costs, law enforcement training, and drug nuisance enforcement, but the law removes authority for information awards and extra law enforcement payments from the fund. State and local units must use their shares for law enforcement, adding to—not replacing—regular funds. The attorney general must adopt rules for property returns, sales, fund use, and valid claims, and report forfeiture activity to the Legislature at least 40 days before each regular session.
Sponsors & Cosponsors
Sponsor
David A. Tarnas
Democratic • House
Cosponsors
Terez Amato
Democratic • House
Della Au Belatti
Democratic • House
Tina Nakada Grandinetti
Democratic • House
Kim Coco Iwamoto
Democratic • House
Lisa Kitagawa
Democratic • House
LAMOSAO
Affiliation unavailable
Lisa Marten
Democratic • House
Amy A. Perruso
Democratic • House
Mahina Poepoe
Democratic • House
Kanani Souza
Republican • House
Gregg Takayama
Democratic • House
Roll Call Votes
Senate vote • 4/30/2025
Senate Floor Vote
Yes: 24 • No: 1
House vote • 4/30/2025
House Floor Vote
Yes: 47 • No: 3
Senate vote • 4/25/2025
The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS....
Yes: 3 • No: 0
House vote • 4/25/2025
The Conference Committee recommends that the measure be Passed, with Amendments....
Yes: 3 • No: 0
Senate vote • 4/4/2025
Senate Floor Vote
Yes: 24 • No: 1
Senate vote • 3/28/2025
The committee(s) on WAM recommend(s) that the measure be PASSED, WITH AMENDMENT...
Yes: 11 • No: 0
Senate vote • 3/18/2025
The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENT...
Yes: 3 • No: 0
House vote • 3/4/2025
House Floor Vote
Yes: 45 • No: 4
House vote • 2/25/2025
The committee on FIN recommend that the measure be PASSED, UNAMENDED. The votes ...
Yes: 13 • No: 0
House vote • 2/13/2025
Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN...
Yes: 47 • No: 1
House vote • 2/5/2025
The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The ...
Yes: 10 • No: 0
Actions Timeline
Act 288, 07/03/2025 (Gov. Msg. No. 1391).
7/3/2025SenateAct 288, on 07/03/2025 (Gov. Msg. No. 1391).
7/3/2025HouseNotice of Intent to veto dated 06/06/2025 (Gov. Msg. No. 1301)
6/6/2025SenateNotice of intent to veto (Gov. Msg. No. 1301)
6/6/2025HouseReceived notice of passage on Final Reading in House (Hse. Com. No. 821).
5/2/2025SenateReceived notice of Final Reading (Sen. Com. No. 888).
5/1/2025HouseTransmitted to Governor.
5/1/2025HousePassed Final Reading, as amended (CD 1). Ayes, 24; Aye(s) with reservations: Senator(s) San Buenaventura. Noes, 1 (Senator(s) Awa). Excused, 0 (none).
4/30/2025SenatePassed Final Reading as amended in CD 1 with none voting aye with reservations; Representative(s) Alcos, Garcia, Muraoka voting no (3) and Representative(s) Cochran excused (1).
4/30/2025HouseThe Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 3 Aye(s): Senator(s) Rhoads, Kanuha, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.
4/25/2025SenateThe Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 3 Ayes: Representative(s) Tarnas, Kitagawa, Shimizu; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none.
4/25/2025HouseReported from Conference Committee (Conf Com. Rep. No. 231) as amended in (CD 1).
4/25/2025HouseForty-eight (48) hours notice Wednesday, 04-30-25.
4/25/2025HouseReported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 231).
4/25/2025Senate48 Hrs. Notice (as amended CD 1) 04-30-25
4/25/2025SenateConference Committee Meeting will reconvene on Friday 04-25-25 2:15PM in conference room 325.
4/24/2025HouseConference Committee Meeting will reconvene on Thursday 04-24-25 2:15PM in conference room 325.
4/23/2025HouseConference Committee Meeting will reconvene on Wednesday 04-23-25 2:15PM in conference room 325.
4/22/2025HouseConference Committee Meeting will reconvene on Tuesday 04-22-25 2:05PM in conference room 325.
4/21/2025HouseConference Committee Meeting will reconvene on Monday 04-21-25 2:05PM in conference room 325.
4/17/2025HouseBill scheduled for Conference Committee Meeting on Thursday, 04-17-25 3:46PM in conference room 325.
4/16/2025HouseReceived notice of appointment of House conferees (Hse. Com. No. 732).
4/15/2025SenateSenate Conferees Appointed: Rhoads Chair; Kanuha Co-Chair; Fevella.
4/15/2025SenateReceived notice of Senate conferees (Sen. Com. No. 790).
4/15/2025HouseHouse Conferees Appointed: Tarnas, Kitagawa Co-Chairs; Shimizu.
4/14/2025House
Bill Text
Bill Text
HB126_CD1
HB126_HD1
HB126_SD1
HB126_SD1_PROPOSED
HB126_SD2
Original
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