Hawaii Senate Bill SB2704

Hawaii 2024 Regular Session

• Introduced: 1/19/24
• Refer: 1/24/24

Caption

Relating To Property Forfeiture.

Impact

Should SB2704 pass, it will amend Section 712A-5 of the Hawaii Revised Statutes. The proposed changes stipulate that civil asset forfeiture can only occur following a felony charge where the property owner has been convicted, thereby curtailing the state's ability to seize property indiscriminately. This bill could have profound implications for law enforcement agencies and the state’s approach to asset forfeiture, potentially leading to a significant reduction in property seizures associated with minor or non-felony offenses.

Summary

Senate Bill 2704, relating to property forfeiture, seeks to reform the existing civil asset forfeiture laws in Hawaii. It aims to abolish the practice of seizing personal property from individuals who have not been convicted of a crime, thus protecting innocent citizens from potential injustices. By requiring a felony conviction before property can be forfeited, the bill is positioned as a means to enhance the fairness of the justice system, asserting that no one should lose their property without due process and just cause.

Contention

The bill addresses long-standing concerns surrounding civil asset forfeiture, which critics argue often leads to wrongful confiscation of property from innocent individuals. Proponents of SB2704 believe it will strengthen constitutional rights and align asset forfeiture practices with principles of justice and fairness. However, there may be opposition from law enforcement and other parties who argue against such stringent measures, fearing it could hinder efforts to combat crime effectively and limit resources generated from forfeited assets.