HRS 0712A-0010 ANNOTATIONS

Act 178, Session Laws 1994, amended this section to clarify how the thirty-day time period for filing a petition for remission or mitigation of forfeiture is computed, and to require that subsequent pleadings or written communications alleging certain matters regarding a petition for remission or mitigation be signed by the petitioner and sworn on oath before a notary public. The legislature recognized the importance of complying with federal case law pertaining to due process and of ensuring that the statutes are as clear as possible on the circumstances and procedures surrounding forfeiture. Conference Committee Report No. 27.

Act 104, Session Laws 1996, amended this section to allow both the State and the defendant to present evidence and witnesses, and to cross-examine witnesses, in a forfeiture proceeding. Act 104 also repealed the sunset provision of the Hawaii omnibus criminal forfeiture act to make the law permanent. The purpose of Act 104 was to make the omnibus criminal forfeiture act permanent and to ensure that it was fair to persons claiming an interest in the property subject to forfeiture. Conference Committee Report No. 122.

Administrative and judicial in rem forfeitures under this section and §712A-12 respectively, are remedial civil sanctions, rather than criminal punishments. 83 H. 141, 925 P.2d 311.

Jeopardy did not attach where defendant failed to file a timely claim for forfeited property pursuant to paragraph (4). 83 H. 141, 925 P.2d 311.