STAND. COM. REP. NO. 1229

Honolulu, Hawaii

, 2019

RE: H.B. No. 748

H.D. 2

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committee on Finance, to which was referred H.B. No. 748, H.D. 1, 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.

LGBT Caucus of the Democratic Party of Hawaii, Hawai‘i Health & Harm Reduction Center, Community Alliance on Prisons, and a few concerned individuals supported this measure. The Department of the Prosecuting Attorney of the City and County of Honolulu, Department of the Prosecuting Attorney of the County of Maui, Office of the Prosecuting Attorney of the County of Hawai‘i, Office of the Prosecuting Attorney of the County of Kaua‘i, Honolulu Police Department, and Hawai‘i Police Department opposed this measure. Department of the Attorney General, Department of Land and Natural Resources, and American Civil Liberties Union of Hawai‘i offered comments.

Your Committee has amended this measure by:

(1) Changing its effective date to July 1, 2030, to encourage further discussion on this measure; and

(2) Making technical nonsubstantive amendments for clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 748, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 748, H.D. 2.

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

____________________________

SYLVIA LUKE, Chair