HRS 0712A-0005_0005 ANNOTATIONS

Act 104, Session Laws 1996, added this section which specifies the criteria that the court may consider in determining whether a forfeiture is grossly disproportionate to the nature and severity of the owner's conduct. The section applies only to forfeitures instituted under §712A-5(1)(b) dealing with property used to facilitate an offense or an instrumentality used in an offense. If property were the derivatives or the proceeds of an offense, the property would be tainted and consequently would be forfeited. House Standing Committee Report No. 409-96.