STAND. COM. REP. NO. 1987

Honolulu, Hawaii

RE: H.B. No. 748

H.D. 2

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred H.B. No. 748, H.D. 2, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose and intent of this measure is to prohibit civil asset forfeiture except when the covered offense is chargeable as a felony and the owner of the asset has been convicted.

Your Committee received written comments in support of this measure from the LGBT Caucus of the Democratic Party of Hawaii, Americans for Democratic Action Hawaii, Drug Policy Forum of Hawaii, American Civil Liberties Union of Hawaii, Drug Policy Alliance, Oahu County Democrats, and six individuals.

Your Committee received written comments in opposition to this measure from the Department of Land and Natural Resources, Hawaii Police Department, Maui Police Department, and the City and County of Honolulu Department of the Prosecuting Attorney.

Your Committee received written comments on this measure from the Grassroot Institute of Hawaii.

Your Committee finds that requiring a criminal conviction before permanently confiscating an offender's property will help to both establish an important protection for property owners and ensure fairness in the asset forfeiture process.

Your Committee has amended this measure by:

(1) Requiring that all proceeds of forfeited property, after payment of expenses of administration and sale, be deposited to the credit of the state general fund; and

(2) Changing the effective date to July 1, 2019.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 748, H.D. 2, S.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, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

________________________________

DONOVAN M. DELA CRUZ, Chair