Hawaii Senate Bill SB1029

Hawaii 2025 Regular Session

• Introduced: 1/17/25
• Refer: 1/23/25

Caption

Relating To Property Forfeiture.

Impact

If enacted, SB1029 will amend the Hawaii Revised Statutes, specifically Section 712A, limiting the situations under which civil asset forfeiture can occur. This change will ensure that only in cases where a felony conviction has been secured against the property owner can their property be forfeited. The legislation also clarifies that property cannot be seized for actions committed without the owner’s knowledge or consent, further protecting innocent individuals. The net proceeds from forfeited properties would be directed to the state general fund, promoting transparency in the handling of such cases.

Summary

SB1029, introduced in the Hawaii Legislature, addresses the significant issue of civil asset forfeiture, a legal practice that allows law enforcement to seize property without a criminal conviction. The bill's preamble emphasizes the adverse effects of such practices on innocent citizens who can lose their possessions without ever being charged with a crime, highlighting it as a form of government-sanctioned theft. The bill aims to reform this process by establishing that property can only be forfeited if the owner has been convicted of a felony related to the seized property, thus reinforcing the principle of due process in property rights.

Contention

The legislation is expected to spark discussions on its potential implications for law enforcement practices and budgetary impacts. Proponents argue that it enhances justice for citizens by preventing the wrongful seizure of assets, while critics may express concerns regarding its effects on law enforcement's ability to address crime effectively. Additionally, the exclusion of animal forfeiture pending criminal charges reflects a nuanced approach, potentially addressing specific cases where animals are involved without infringing on due process rights related to other kinds of property.