STAND. COM. REP. NO.  618

 

Honolulu, Hawaii

                , 2025

 

RE:   H.B. No. 126

      H.D. 1

 

 

 

 

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

 

Madame:

 

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 126 entitled:

 

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

 

begs leave to report as follows:

 

     The purpose of this measure is to make the State's property forfeiture process more just by:

 

     (1)  Increasing transparency and accountability surrounding property forfeiture;

 

     (2)  Clarifying which property is subject to forfeiture;

 

     (3)  Amending the authorized disposition of forfeited property and the proceeds thereof; and

 

     (4)  Repealing language that requires the Hawaii Omnibus Criminal Forfeiture Act to be construed liberally.

 

     Your Committee received testimony in support of this measure from the Office of the Public Defender; Community Alliance on Prisons; Grassroot Institute of Hawaii; and Drug Policy Forum of Hawaii.  Your Committee received testimony in opposition to this measure from the Honolulu Police Department.  Your Committee received comments on this measure from the Department of the Attorney General.

 

     Your Committee finds that the State's existing property forfeiture process requires reform to ensure greater fairness, transparency, and accountability.  This measure clarifies the types of property subject to forfeiture, adjusts the disposition of forfeited assets, mandates public record-keeping, and removes provisions that allowed for overly broad interpretations of the law.

 

     Your Committee has amended this measure by changing the effective date to July 1, 3000, to encourage further discussion.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 126, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 126, H.D. 1, and be referred to your Committee on Finance.

 

 

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

 

 

 

 

____________________________

DAVID A. TARNAS, Chair