Hawaii Senate Bill SB149

Hawaii 2022 Regular Session

• Introduced: 1/21/21
• Refer: 1/22/21
• Report Pass: 2/18/21
• Refer: 2/18/21

Caption

Relating To Property Forfeiture.

Impact

The implementation of SB149 is expected to enhance accountability within law enforcement agencies by removing their financial incentives to seize property arbitrarily. The law mandates that any proceeds from civil forfeiture must be directed towards the general revenue fund specifically for public education, rather than being retained by the seizing agencies. Additionally, it requires that the agency conducting the seizure be responsible for the secure storage of the property until legal proceedings are fully resolved.

Summary

SB149 aims to reform Hawaii's civil asset forfeiture laws, addressing the growing concerns over their impact on personal property rights. The bill proposes that property can only be forfeited in cases where an individual has been convicted of a corresponding covered criminal offense, shifting the burden from a 'preponderance of the evidence' standard to a more rigorous 'beyond a reasonable doubt' standard. This aligns Hawaiian law with the standards set by several other states that have already enacted similar reforms in forfeiture laws.

Contention

Despite the positive implications of the changes proposed in SB149, there remains significant contention regarding enforcement and practical implications. Proponents assert that these reforms will ensure greater fairness in the forfeiture process, while opponents worry that altering the standard of proof may hinder law enforcement's ability to combat crime effectively. The debate over these reforms highlights a broader societal conflict regarding governmental powers and individual rights, particularly when it comes to property rights and civil liberties.