Title 37, Hawaii Penal Code

§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…

§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…

§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…

§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…

§712A-13 Judicial in personam forfeiture proceedings. (1) If a forfeiture is authorized by law, it shall be ordered by a court on a petition for forfeiture filed by the prosecuting attorney in an in personam civil or criminal action. In any civil in personam action brought under …

[§712A-14] Supplemental remedies. (1) The court shall order the forfeiture of any other property of an in personam civil or criminal defendant up to the value of the subject property if any of the property subject to forfeiture: (2) In addition to any other remedy provided for by…

[§712A-15] Disposition of claims by court. (1) Following the court's disposition of all claims filed under this chapter, or if no such claims are filed, following the expiration of the period provided in this chapter for the filing of such claims, the State has clear title to pro…

§712A-16 Disposition of property forfeited. (1) All property forfeited to the State under this chapter shall be transferred to the attorney general, who may: (2) All forfeited property and the sale proceeds thereof shall, after payment of expenses of administration and sale, be d…

[§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 26…

[§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 rep…

§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…

[§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-21] Records of seized or forfeited property. (1) Each seizing agency shall maintain the following records for all property seized for purposes of forfeiture: (2) The seizing agency shall:

[§712A-3] Venue. An action brought pursuant to this chapter may be brought in the county which the property is seized or in any county where an owner or interest-holder could be complained against for the conduct alleged to give rise to the forfeiture of the property. [L 1988, c …

§712A-4 Covered offenses. Offenses for which property is subject to forfeiture under this chapter are:

§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…

[§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 deter…

§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 …

§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 agenc…

[§712A-7.5] Equitable sharing program; restrictions. Notwithstanding the provisions of section 712A-7, a seizing agency or prosecuting attorney shall not enter into an agreement to transfer or refer property seized under section 712A-6 to a federal agency directly, indirectly, th…

§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:

§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…