Chapter 712A — Chapter 712A
9 sections in this chapter.
HRS §712A-1 Definitions
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§712A-1 Definitions. In this chapter, unless a different meaning plainly is required: "Attorney general" means the attorney general or deputy attorneys general of the State of Hawaii. "Contraband" means any property the possession of which is illegal. "Controlled substances" mean…
HRS §712A-10 Administrative forfeiture
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§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 p…
HRS §712A-11 Judicial forfeiture proceedings; general
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§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 rec…
HRS §712A-12 Judicial in rem forfeiture proceedings
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§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…
HRS §712A-2 Jurisdiction
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§712A-2 Jurisdiction. (1) The State may commence an in rem proceeding in the circuit court if the property for which forfeiture is sought is within this State at the time of the filing of the action. (2) The State may commence a civil in personam proceeding in the circuit court i…
HRS §712A-4 Covered offenses
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§712A-4 Covered offenses. Offenses for which property is subject to forfeiture under this chapter are:
HRS §712A-5 Property subject to forfeiture; exemption
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§712A-5 Property subject to forfeiture; exemption. (1) The following shall be subject to forfeiture: (2) Real property, or an interest therein, may be forfeited under the provisions of this chapter only in cases in which the covered offense is chargeable as a felony offense under…
HRS §712A-6 Seizure of property
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§712A-6 Seizure of property. (1) Personal property subject to forfeiture under this chapter may be seized for forfeiture by a law enforcement officer: (2) Real property subject to forfeiture under this chapter may be seized for forfeiture by a law enforcement officer pursuant to …
HRS §712A-9 Commencement of proceedings
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§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 writte…