HI SB2756 | 2016 | Regular Session
Status
Spectrum: Partisan Bill (Democrat 5-0)
Status: Introduced on January 27 2016 - 25% progression, died in committee
Action: 2016-01-27 - Referred to JDL, WAM.
Pending: Senate Judiciary and Labor Committee
Text: Latest bill text (Introduced) [HTML]
Status: Introduced on January 27 2016 - 25% progression, died in committee
Action: 2016-01-27 - Referred to JDL, WAM.
Pending: Senate Judiciary and Labor Committee
Text: Latest bill text (Introduced) [HTML]
Summary
Specifies that real estate shall only be forfeited in cases in which the covered offense is chargeable as a felony offense under state law and related to the manufacture, sale, or distribution of a controlled substance in violation of chapter 329. Requires that a real estate owner receive a copy of a pre-seizure hearing notice by certified mail on two separate occasions. Requires the State to show by clear and convincing evidence that a claimant's interest in property is subject to forfeiture. Limits the authority to recover attorneys' fees and costs to a prevailing claimant only. Requires half of any forfeited property and sales proceeds to be deposited in the general fund of the State to support the judiciary.
Title
Law Enforcement; Property Subject to Forfeiture; Real Estate; Notice; Burden of Proof; Disposition of Property Forfeited; General Fund
Sponsors
Sen. William Espero [D] | Sen. Josh Green [D] | Sen. Donovan Cruz [D] | Sen. Brickwood Galuteria [D] |
Sen. Michelle Kidani [D] |
History
Date | Chamber | Action |
---|---|---|
2016-01-27 | Senate | Referred to JDL, WAM. |
2016-01-27 | Senate | Passed First Reading. |
2016-01-27 | Senate | Introduced. |
Hawaii State Sources
Type | Source |
---|---|
Summary | http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=2756&year=2016 |
Text | http://www.capitol.hawaii.gov/session2016/bills/SB2756_.HTM |