Bill Text: HI SB2255 | 2012 | Regular Session | Introduced
Bill Title: Law Enforcement; Forfeitures; Personal Motor Vehicles; Criminal Conviction Required
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2012-01-23 - (S) Referred to JDL. [SB2255 Detail]
Download: Hawaii-2012-SB2255-Introduced.html
|
THE SENATE |
S.B. NO. |
2255 |
|
TWENTY-SIXTH LEGISLATURE, 2012 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to forfeiture.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 712A-5, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:
"(2) Except that:
(a) Real property, or an interest therein, may be forfeited under the provisions of this chapter only in cases in which the covered offense is chargeable as a felony offense under state law;
(b) No motor vehicle used primarily by the owner for personal use shall be forfeited under this chapter based upon the commission of a covered offense unless:
(i) The owner has been convicted of the covered offense; or
(ii) A person other than the owner has been convicted of the covered offense and the offense was committed with the knowledge and consent of the owner;
[(b)] (c) No property shall be forfeited
under this chapter to the extent of an interest of an owner, by reason of any
act or omission established by that owner to have been committed or omitted
without the knowledge and consent of that owner;
[(c)] (d) No conveyance used by any person
as a common carrier in the transaction of a business as a common carrier is
subject to forfeiture under this section unless it appears that the owner or
other person in charge of the conveyance is a consenting party or privy to a
violation of this chapter;
[(d)] (e) No conveyance is subject to
forfeiture under this section by reason of any act or omission established by
the owner thereof to have been committed or omitted without the owner's
knowledge or consent; and
[(e)] (f) A forfeiture of a conveyance
encumbered by a bona fide security interest is subject to the interest of the
secured party if the secured party neither had knowledge of nor consented to
the act or omission."
SECTION 2. Section 712A-11, Hawaii Revised Statutes, is amended by amending subsection (6) to read as follows:
"(6) [An] Except as provided in
section 712A-5(2)(b), an acquittal or dismissal in a criminal proceeding
shall not preclude civil proceedings under this chapter."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Law Enforcement; Forfeitures; Personal Motor Vehicles; Criminal Conviction Required
Description:
Prohibits law enforcement from seizing motor vehicles for forfeiture if the vehicle is primarily used by the owner for personal use and there has been no conviction for the underlying offense.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
