HRS 0712A-0012 ANNOTATIONS

Act 104, Session Laws 1996, amended this section to change the State's initial burden of proof standard from "probable cause" to the higher standard of "preponderance of the evidence" that a defendant's property is subject to forfeiture. Act 104 also repealed the sunset provision of the Hawaii omnibus criminal forfeiture act to make the law permanent. The purpose of the Act 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.

State lacked probable cause to support seizure of cash where trained police dog alerted presence of drugs but no identifiable traces of drugs were discovered. 73 H. 229, 832 P.2d 256.

Administrative and judicial in rem forfeitures under §712A-10 and this section respectively, are remedial civil sanctions, rather than criminal punishments. 83 H. 141, 925 P.2d 311.