Hawaii 2025 Regular Session

Hawaii Senate Bill SB1126

Introduced

1/17/25

Refer

1/23/25

Caption

Relating To Property Forfeiture.

Impact

The implications of SB1126 are significant for the administration of justice in Hawaii. By limiting forfeiture to instances involving felony convictions, the law seeks to establish a clearer link between criminal activity and property seizure, thus upholding fundamental rights. This change is expected to reduce the occurrences of wrongful forfeiture and compel law enforcement agencies to approach asset seizure with more oversight and accountability. Furthermore, the bill mandates that proceeds from forfeited property are directed to the state general fund, which could affect funding allocations in various state programs.

Summary

Senate Bill 1126 aims to reform civil asset forfeiture laws in Hawaii, positioning itself as a measure to protect innocent property owners from unjust seizure of their assets without conviction. The bill addresses concerns over the current system, where property can be forfeited without charges being filed, often leaving law-abiding citizens at a loss. This legislation proposes that property can only be forfeited if it is connected to a felony conviction, thereby ensuring that individuals are not wrongfully deprived of their possessions because of actions in which they had no involvement.

Contention

Despite the bill's objective of enhancing justice, there may be contention surrounding its implementation. Opponents might argue that limiting forfeiture to felony convictions could impede law enforcement's ability to effectively combat crime, particularly in drug-related instances where property seizure is a common tool. Advocates for this reform, however, emphasize the need to protect civil liberties and prevent government overreach, framing this discussion as part of a broader conversation about criminal justice reform in Hawaii. As such, the bill is likely to spark debate among legislators and interest groups, particularly those focused on civil rights and law enforcement dynamics.

Latest SB1126 Activity

Companion Bills

HI HB492

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.