RELATING TO PROPERTY FORFEITURE.

SB2457

THE SENATE

S.B. NO.

2457

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.
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The
legislature finds that Act 288, Session Laws of Hawaii 2025 (Act 288), took
important steps toward improving fairness and accountability in the State's property
seizure and forfeiture processes, including allowing the forfeiture of property
seized in relation to a crime only if the charge for a covered offense is filed
within one year of the property seizure.
�
Nevertheless, the legislature recognizes that these
forfeiture laws, as amended by Act 288, still do not require law enforcement to
obtain a conviction for the covered offense before selling or disposing of the seized
property.

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Accordingly, the purpose of this Act is to make
property forfeiture under chapter 712A, Hawaii Revised Statutes, more just by
restricting the forfeiture of property seized in relation to a crime to cases
where the property owner has been convicted of the covered offense.

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SECTION
2
.
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Section 712A-5, Hawaii Revised Statutes, is
amended by amending subsection (3) to read as follows:

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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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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[
.
]
; and

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(f)
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No
property shall be forfeited under this chapter unless the owner has been
convicted of a covered offense by verdict or plea, including a no contest plea
or a deferred acceptance of guilty plea or no contest plea.
"

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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 upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Property
Forfeiture; Crime; Conviction Requirement

Description:

Amends
forfeiture laws to require the owner of property seized in relation to a crime
to be convicted of the covered offense before the property may be forfeited.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.