Bill Text: HI HB2514 | 2016 | Regular Session | Introduced
Bill Title: Criminal Forfeiture Fund; Attorneys' Fees
Spectrum: Partisan Bill (Democrat 26-1)
Status: (Introduced - Dead) 2016-02-01 - Referred to JUD, FIN, referral sheet 5 [HB2514 Detail]
Download: Hawaii-2016-HB2514-Introduced.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2514 |
|
TWENTY-EIGHTH LEGISLATURE, 2016 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to forfeiture.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that in cases where an individual's property is errantly seized and the value of the property is less than the cost of potential attorneys' fees, there is an injustice done when recovery of the property would result in a net loss for the individual, discouraging the pursuit of rightfully owned property.
Accordingly, the purpose of this Act is to allow the criminal forfeiture fund to pay for attorneys' fees for individuals that successfully recover property forfeited to the State.
SECTION 2. Chapter 712A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§712A- Awards of attorneys' fees for recovery of seized property. (a) Notwithstanding any law to the contrary, in any judicial forfeiture proceeding, the court shall allow an individual reasonable attorneys' fees, if the court finds in favor of the individual.
(b) Whenever any court awards attorneys' fees pursuant to this section, the award shall not exceed $ . If an individual is represented by counsel from a publicly funded legal service organization, attorneys' fees shall not be awarded.
(c) All attorneys' fees awarded pursuant to this section shall be payable from the criminal forfeiture fund established under section 712A-16."
SECTION 3. Section 712A-16, Hawaii Revised Statutes, is amended by amending subsection (4) to read as follows:
"(4) There is established in the department of the attorney general a revolving fund to be known as the criminal forfeiture fund, hereinafter referred to as the "fund" in which shall be deposited one-half of the proceeds of a forfeiture and any penalties paid pursuant to section 712A-10(6). All moneys in the fund shall be expended by the attorney general and are hereby appropriated for the following purposes:
(a) The payment of any expenses necessary to seize, detain, appraise, inventory, safeguard, maintain, advertise, or sell property seized, detained, or forfeited pursuant to this chapter or of any other necessary expenses incident to the seizure, detention, or forfeiture of such property and such contract services and payments to reimburse any federal, state, or county agency for any expenditures made to perform the foregoing functions;
(b) The payment of awards for information or assistance leading to a civil or criminal proceeding;
(c) The payment of supplemental sums to state and county agencies for law enforcement purposes;
(d) The payment of expenses arising in connection
with programs for training and education of law enforcement officers; [and]
(e) The payment of expenses arising in connection
with enforcement pursuant to the drug nuisance abatement unit in the department
of the attorney general[.]; and
(f) The payment of attorneys' fees awarded pursuant to section 712A- ."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Criminal Forfeiture Fund; Attorneys' Fees
Description:
Requires payment, from the Criminal Forfeiture Fund, of attorneys' fees to individuals that successfully recovered property forfeited to the State.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
