Hawaii 2025 Regular Session

Hawaii House Bill HB492

Introduced

1/21/25

Refer

1/21/25

Caption

Relating To Property Forfeiture.

Impact

If enacted, HB492 would significantly reform the process of civil asset forfeiture in Hawaii. The amendments would restrict forfeiture actions, ensuring that they can only be initiated when there is a felony conviction tied directly to the forfeited property. This change aims to reduce the instances of property being taken from individuals who have not been convicted of crimes, thus enhancing legal protections for citizens and promoting fair treatment under the law.

Summary

House Bill 492, introduced in the Hawaii legislature, addresses the contentious issue of civil asset forfeiture. The bill seeks to amend existing laws concerning the forfeiture of property by mandating that such actions can only occur if the property owner has been convicted of a felony charge related to the forfeiture. The bill is designed to protect innocent individuals from having their property seized without due process or criminal conviction, arguing that civil asset forfeiture can lead to injustices where innocent owners lose their possessions without ever being charged with a crime.

Contention

Debate surrounding HB492 centers around issues of law enforcement efficiency and civil liberties. Proponents highlight that the current practices of civil asset forfeiture can unfairly impact individuals who have not been proven guilty, equating such actions to government-sanctioned theft. On the other hand, opponents may argue that strict limitations on forfeiture powers could hinder law enforcement’s ability to combat crime effectively, as forfeiture is often seen as a tool for depriving criminals of the profits of their illegal activities. Balancing these competing interests—protecting individuals' rights while maintaining effective law enforcement practices—will likely be a focus of ongoing discussions.

Effective_date

The proposed changes in HB492 are set to take effect on July 1, 2025, if the bill successfully passes through the legislative process.

Latest HB492 Activity

Companion Bills

HI SB1126

Same As Relating To Property Forfeiture.

Similar Bills

HI SB149

Relating To Property Forfeiture.

LA SB359

Provides for civil forfeiture reform. (8/1/22)

HI HB1965

Relating To Property Forfeiture.

KS HB2380

Requiring a criminal conviction for civil asset forfeiture, remitting proceeds from civil asset forfeiture to the state general fund, increasing the burden of proof required to forfeit property, making certain property ineligible for forfeiture, providing persons involved in forfeiture proceedings representation by counsel and the ability to demand a jury trial and allowing a person to request a hearing on whether forfeiture is excessive.

KS HB2396

Requiring a criminal conviction for civil asset forfeiture and proof beyond a reasonable doubt that property is subject to forfeiture, remitting proceeds to the state general fund and requiring law enforcement agencies to make forfeiture reports more frequently.

KS SB237

KS SB458

Specifying that certain drug offenses do not give rise to forfeiture under the Kansas standard asset seizure and forfeiture act, providing limitations on state and local law enforcement agency requests for federal adoption of a seizure under the act, requiring probable cause affidavit filing and review to commence forfeiture proceedings, increasing the burden of proof required to forfeit property to clear and convincing evidence, authorizing courts to order payment of attorney fees and costs for certain claimants and requiring the Kansas bureau of investigation to submit forfeiture fund financial reports to the legislature.

KS HB2606

Specifying that certain drug offenses do not give rise to forfeiture under the Kansas standard asset seizure and forfeiture act, requiring courts to make a finding that forfeiture is not excessive, restricting actions prior to commencement of forfeiture proceedings, requiring probable cause affidavit filing and review to commence proceedings, increasing the burden of proof required to forfeit property to clear and convincing evidence and authorizing courts to order payment of attorney fees and costs for certain claimants.