STAND. COM. REP. NO. 753

Honolulu, Hawaii

, 2019

RE: H.B. No. 748

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 748 entitled:

"A BILL FOR AN ACT RELATING TO PROPERTY FORFEITURE,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Require a felony offense conviction before any civil asset forfeiture proceeding; and

(2) Redistribute the proceeds of the sale of forfeited property to the Hawaii Law Enforcement Assisted Diversion program and the State's general fund.

Your Committee received testimony in support of the measure from the Drug Policy Forum of Hawaii, Hawaii Health and Harm Reduction Center, and American Civil Liberties Union of Hawaii.

Your Committee received testimony in opposition to the measure from the Department of the Prosecuting Attorney of the City and County of Honolulu, Office of the Prosecuting Attorney of the County of Hawaii, Honolulu Police Department, and one individual.

The Department of the Attorney General submitted comments on the measure.

Your Committee has amended this measure by inserting a purpose section.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 748, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 748, H.D. 1, and be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

CHRIS LEE, Chair