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HB2355
HOUSE OF REPRESENTATIVES
H.B. NO.
2355
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to property forfeiture
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1
.
�
Section 712A-5,
Hawaii Revised Statutes, is amended to read as follows:
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"
�712A-5
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Property subject to
forfeiture; exemption.
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(1)
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The following shall be subject to forfeiture:
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(a)
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Property described
in a statute authorizing forfeiture;
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(b)
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Property used or
intended for use in the commission of, attempt to commit, or conspiracy to
commit a covered offense, or that facilitated or assisted the activity;
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(c)
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Any firearm that
is subject to forfeiture under any other subsection of this section or that is
carried during, visible, or used in furtherance of the commission, attempt to
commit, or conspiracy to commit a covered offense, or any firearm found in
proximity to contraband or to instrumentalities of an offense;
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(d)
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Contraband or
untaxed cigarettes in violation of chapter 245, shall be seized and summarily
forfeited to the State without regard to the procedures set forth in this
chapter;
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(e)
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Any proceeds or
other property acquired, maintained, or produced by means of or as a result of
the commission of the covered offense;
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(f)
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Any property
derived from any proceeds that were obtained directly or indirectly from the
commission of a covered offense;
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(g)
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Any interest in,
security of, claim against, or property or contractual right of any kind
affording a source of influence over any enterprise that has been established,
participated in, operated, controlled, or conducted in order to commit a
covered offense; and
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(h)
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All books,
records, bank statements, accounting records, microfilms, tapes, computer data,
or other data that are used, intended for use, or that facilitated or assisted
in the commission of a covered offense, or that document the use of the
proceeds of a covered offense.
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(2)
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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 state law.
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(3)
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The following limitations shall apply to the forfeiture of property
under this chapter; provided that nothing in this subsection shall be construed
to prevent the seizure of property before conviction pursuant to section
712A-6:
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(a)
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No property shall be forfeited under
this chapter by reason of the commission of any covered offense unless the
owner has received a charge for the covered offense.
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If no such charge is filed within one year
from the date of seizure, all property seized shall be returned to the legal
owner, as determined by the department or agency in possession of the property,
one year from the date of seizure; provided that property that is contraband or
otherwise unlawful shall not be returned and shall be disposed of pursuant to
rules adopted by the attorney general; provided further that if the legal owner
cannot be determined or located, the department or agency in possession of the
property shall follow procedures set forth in rules adopted by the attorney
general to determine or locate the owner;
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(b)
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Except as provided in
subsection (4),
[
No
]
no
property shall be forfeited
under this chapter by reason of any act or omission established by the owner to
have been committed or omitted without the knowledge and consent of the owner;
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(c)
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No conveyance used
by any person as a common carrier in the transaction of a business as a common
carrier shall be subject to forfeiture under this section unless it appears
that the owner or other person in charge of the conveyance is a consenting
party or privy to a violation of this chapter;
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(d)
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No conveyance
shall be subject to forfeiture under this section by reason of any act or
omission established by the owner thereof to have been committed or omitted
without the owner's knowledge or consent; and
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(e)
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A forfeiture of a
conveyance encumbered by a bona fide security interest shall be subject to the
interest of the secured party if the secured party neither had knowledge of nor
consented to the act or omission.
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(4)
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Real property, or an interest therein, may be
forfeited under the provisions of this chapter or section 712-1230 for the
offense of promoting gambling in the first or second degree regardless of
whether the crime was committed without the knowledge and consent of the owner.
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[
(4)
]
(5)
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This chapter shall not apply to the
forfeiture of an animal pursuant to section 711-1109.2.
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[
(5)
]
(6)
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This section shall not prohibit or restrict
forfeitures authorized by law other than this chapter. "
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SECTION
2
.
�
Section
712-1230, Hawaii Revised Statutes, is amended to read as follows:
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"
�712-1230
�
Forfeiture of property
used in illegal gambling.
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Any
gambling device, paraphernalia used on fighting animals, or birds, implements,
furniture, personal property, vehicles, vessels, aircraft, or gambling record
possessed or used in violation of this part, or any money or personal property
used as a bet or stake in gambling activity in violation of this part,
or
real property used as a location for violation of this part,
may be ordered
forfeited to the State, subject to the requirements of chapter 712A. "
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SECTION 3.
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This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.
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SECTION 4.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION 5.
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This Act shall take effect on July 1, 2026.
INTRODUCED BY:
_____________________________
Report Title:
Illegal
Gambling; Real Property; Forfeiture; Crime
Description:
Authorizes
the forfeiture of real property when used to commit promoting gambling in the
first or second degree regardless of whether it was
committed without
the knowledge and consent of the owner.
�
Authorizes the forfeiture of real property under the gambling forfeiture
section.
The summary description
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not legislation or evidence of legislative intent.