HI SB149 | 2021 | Regular Session

Note: Carry Foward to future SB149

Status

Spectrum: Partisan Bill (Democrat 13-0)
Status: Introduced on January 21 2021 - 25% progression, died in committee
Action: 2021-02-18 - Report adopted; Passed Second Reading and referred to JDC.
Pending: Senate Judiciary Committee
Text: Latest bill text (Introduced) [HTML]

Summary

Restricts asset forfeiture to cases involving the commission of a covered criminal misdemeanor or felony offense. Requires seized property to be forfeited only when the property owner has been convicted of an underlying covered criminal misdemeanor or felony offense. Changes the standard of proof that the State must meet in order for property to be forfeited from "preponderance of the evidence" to "beyond a reasonable doubt". Requires the State to prove that owners consented to or possessed knowledge of the crime that led to the seizure of their property. Requires that the agency seizing the property pay for safe and secure storage of the seized property until the completion of the forfeiture proceeding or final disposition of the property. Directs any proceeds from a civil forfeiture to the general revenue fund for public education purposes. Repeals administrative forfeiture proceedings.

Tracking Information

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Title

Relating To Property Forfeiture.

Sponsors


Roll Calls

2021-02-16 - Senate - Senate Public Safety, Intergovernmental and Military Affairs: Passed, Unamended (Y: 5 N: 0 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2021-02-18SenateReport adopted; Passed Second Reading and referred to JDC.
2021-02-18SenateReported from PSM (Stand. Com. Rep. No. 324) with recommendation of passage on Second Reading and referral to JDC.
2021-02-16SenateThe committee(s) on PSM recommend(s) that the measure be PASSED, UNAMENDED. The votes in PSM were as follows: 5 Aye(s): Senator(s) Nishihara, English, Baker, Riviere, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.
2021-02-12SenateThe committee(s) on PSM has scheduled a public hearing on 02-16-21 1:00PM; Via Videoconference.
2021-01-22SenateReferred to PSM, JDC.
2021-01-21SenatePassed First Reading.
2021-01-21SenateIntroduced.

Same As/Similar To

SB149 (Carry Over) 2021-02-18 - Report adopted; Passed Second Reading and referred to JDC.

Subjects


Hawaii State Sources


Bill Comments

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