reglab/housing_qa huggingface dataset:
HI Rev Stat § 712A-5.5 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712A. Forfeiture|712A-5.5 Excessive forfeitures.

  §712A-5.5 Excessive forfeitures. The court shall limit the scope of a forfeiture judgment issued pursuant to section [712A-5(1)(b)] to the extent the court finds the effect of the forfeiture is grossly disproportionate to the nature and severity of the owner's conduct. In determining whether a forfeiture is grossly disproportionate, the court may consider:  (1) The degree to which the property was used to facilitate the conduct that subjects property to forfeiture and the importance of the property to the conduct;  (2) The gain received or expected by an owner from the conduct that subjects property to forfeiture and the value of the property subject to forfeiture;  (3) The nature and extent of the owner's culpability; and  (4) The owner's effort to prevent the conduct or assist in prosecution. [L 1996, c 104, §2] COMMENTARY ON §712A-5.5  Act 104, Session Laws 1996, added this section which specifies the criteria that the court may consider in determining whether a forfeiture is grossly disproportionate to the nature and severity of the owner's conduct. The section applies only to forfeitures instituted under §712A-5(1)(b) dealing with property used to facilitate an offense or an instrumentality used in an offense. If property were the derivatives or the proceeds of an offense, the property would be tainted and consequently would be forfeited. House Standing Committee Report No. 409-96. Case Notes  The State must prove the existence of a substantial connection between the currency being forfeited and the illegal activity; where $1,300 of the subject currency was substantially connected to appellant's illegal gambling activity and §712A-11(4) provides that the State need not trace the proceeds exactly, $1,300 was properly ordered forfeited to the State. 104 H. 323, 89 P.3d 823 (2004).  Where State failed to prove, by a preponderance of the evidence, that the subject currency of $1,900 seized from appellant's trousers was involved in appellant's gambling transactions, trial court erred in ordering currency forfeited to State; there was no evidence connecting currency to any illegal activity, and absent proof of a substantial connection between the illegal activity and the res, the currency was not subject to forfeiture. 104 H. 323, 89 P.3d 823 (2004).
HI Rev Stat § 712A-6 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712A. Forfeiture|712A-6 Seizure of property.

 §712A-6 Seizure of property. (1) Personal property subject to forfeiture under this chapter may be seized for forfeiture by a law enforcement officer:  (a) On process issued pursuant to the rules of civil procedure or the provisions of this chapter including a seizure warrant;  (b) By making a seizure for forfeiture on property seized on process issued pursuant to law; or  (c) By making a seizure for forfeiture without court process as follows:  (i) The seizure for forfeiture is of property seized incident to an arrest or search;  (ii) The property subject to seizure for forfeiture has been the subject of a prior judgment in favor of the State or any other state or the federal government in forfeiture proceeding;  (iii) The law enforcement officer has probable cause to believe that the property seized for forfeiture is directly or indirectly dangerous to health or safety;  (iv) The law enforcement officer has probable cause to believe that the property is subject to forfeiture; or  (v) The seizure for forfeiture is of perishable natural resources seized and sold, pursuant to section 199-7, prior to forfeiture proceeding.  (2) Real property subject to forfeiture under this chapter may be seized for forfeiture by a law enforcement officer pursuant to court order following a pre-seizure hearing in the circuit court in the circuit in which the property is located with notice of the pre-seizure hearing to be made to the owners and interest-holders pursuant to section 712A-8. The court shall order the real property in question to be seized for forfeiture if it finds probable cause that the real property is subject to forfeiture under any provision of the Hawaii Revised Statutes.  (3) In determining probable cause for seizure, the fact that a firearm, money, or any negotiable instrument was found in proximity to contraband or to instrumentalities of an offense gives rise to an inference that the money, or instrument was the proceeds of contraband or that the firearm, money or instrument was used or intended to be used to facilitate commission of the offense. [L 1988, c 260, pt of §1, §7; am L 1990, c 197, §1; am L 1993, c 196, §1; am L 1994, c 178, §3; am L 1996, c 104, §6; am L 1999, c 233, §2] COMMENTARY ON §712A-6  Act 178, Session Laws 1994, amended this section to allow real property subject to forfeiture to be seized pursuant to a court order following a pre-seizure hearing, with notice of the pre- seizure hearing given to owners and interest-holders. The purpose of the amendment was to codify due process requirements in regard to forfeiture pursuant to United States v. Good. Conference Committee Report No. 27. Rules of Court  Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b).  Service, see HRCP rules 4, 5.
HI Rev Stat § 712A-7 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712A. Forfeiture|712A-7 Powers and duties of law enforcement officers and agencies.

  §712A-7 Powers and duties of law enforcement officers and agencies. (1) In the event of a seizure for forfeiture under section 712A-6, the property is not subject to replevin, conveyance, sequestration, or attachment but is deemed to be in the custody of the law enforcement agency making the seizure for forfeiture. The seizing agency or the prosecuting attorney may authorize the release of the seizure for forfeiture on the property if forfeiture or retention is unnecessary, may transfer the property to any other county, state, or federal agency or may transfer the action to another prosecuting attorney by discontinuing forfeiture proceedings in favor of forfeiture proceedings initiated by the other agency or prosecuting attorney. An action pursuant to this chapter shall be consolidated with any other action or proceeding pursuant to this chapter relating to the same property upon motion by the prosecuting attorney in either action.  (2) If property is seized for forfeiture under section 712A-6 pending forfeiture and final disposition, the seizing agency may do any of the following:  (a) Place the property under constructive seizure by posting notice of seizure for forfeiture on the property or by filing notice of seizure for forfeiture or notice of pending forfeiture in any appropriate public record relating to the property;  (b) Remove the property to a storage area for safekeeping or, if the property is a negotiable instrument or money, deposit it in an interest bearing account;  (c) Remove the property to a place designated by the court; or  (d) Provide for another agency to take custody of the property and remove it to an appropriate location within the jurisdiction of the court.  (3) As soon as practicable after seizure for forfeiture, the seizing agency shall conduct an inventory and estimate the value of the property seized. Within twenty days after seizure for forfeiture the seizing agency shall make reasonable efforts to give notice of seizure for forfeiture in the manner provided in section 712A-8(a) or 712A-8(b) to all parties known to have an interest in the seized property.  (4) In the event of a seizure for forfeiture under section 712A-6, the seizing agency shall send to a prosecuting attorney a written request for forfeiture within thirty days, which shall include a statement of facts and circumstances of the seizure, the appraised or estimated value of the property, and a summary of the facts relied on for forfeiture. [L 1988, c 260, pt of §1, §7; am L 1990, c 197, §1; am L 1991, c 166, §2; am L 1993, c 196, §1; am L 1996, c 104, §6]
HI Rev Stat § 712A-8 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712A. Forfeiture|712A-8 Notice of forfeiture proceedings.

  §712A-8 Notice of forfeiture proceedings. Unless otherwise provided, whenever notice is required under this chapter it shall be given in one of the following ways:  (a) If the owner's or interest-holder's name and current address are known:  (i) By personal service; or  (ii) By mail;  (b) If the owner's or interest-holder's interest is required by law to be on record with a state or federal agency in order to perfect an interest in the property, but the person's current address is not known, by mailing a copy of the notice by certified mail to any address on the record; or  (c) If the owner's or interest-holder's address is not known, and is not on record pursuant to paragraph (b), or if the person's interest is not known, by publication in one issue of a newspaper of general circulation in the county in which the seizure occurs. [L 1988, c 260, pt of §1, §7; am L 1990, c 197, §1; am L 1991, c 166, §3; am L 1993, c 196, §1; am L 1996, c 104, §6]
HI Rev Stat § 712A-9 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712A. Forfeiture|712A-9 Commencement of proceedings.

  §712A-9 Commencement of proceedings. (1) The prosecuting attorney shall determine whether it is probable that the property is subject to forfeiture and, if so, shall initiate administrative or judicial proceedings against the property within forty-five days of receipt of a written request for forfeiture from a seizing agency. If, on inquiry and examination, the prosecuting attorney determines, with sole discretion, that the proceedings probably cannot be sustained or that justice does not require the institution of proceedings, the prosecuting attorney shall notify the seizing agency, and as soon as practicable authorize the release of the seizure for forfeiture on the property or on any specified interest in it. A determination by the prosecuting attorney to forego initiation of proceedings shall not be a bar to initiation of proceedings against the same property based on the same circumstances at a later time.  (2) If the property sought to be forfeited is real property, including fixtures, the prosecuting attorney shall file a lis pendens with respect to the property but shall not be required to pay a filing fee. [L 1988, c 260, pt of §1, §7; am L 1990, c 197, §1; am L 1991, c 166, §4; am L 1993, c 196, §1; am L 1996, c 104, §6]
HI Rev Stat § 712A-14 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712A. Forfeiture|712A-14 Supplemental remedies.

  §712A-14 Supplemental remedies. (1) The court shall order the forfeiture of any other property of an in personam civil or criminal defendant up to the value of the subject property if any of the property subject to forfeiture:  (a) Cannot be located;  (b) Has been transferred or conveyed to, sold to, or deposited with a third party;  (c) Has been placed beyond the jurisdiction of the court;  (d) Has been substantially diminished in value by any act or omission of a defendant, or a defendant's agent or assignee; or  (e) Has been commingled with other property which cannot be divided without difficulty.  (2) In addition to any other remedy provided for by law, if property subject to forfeiture is conveyed, alienated, disposed of, or otherwise rendered unavailable for forfeiture after the filing of a racketeering lien notice or provision of notice of pending forfeiture or after the filing and notice of a civil proceeding or criminal proceeding alleging forfeiture under this chapter, whichever is earlier, the State or seizing agency, on behalf of the State, may institute an action in circuit court against the person named in the racketeering lien or notice of pending forfeiture or the defendant in the civil proceeding or criminal proceeding, and the court shall enter final judgment against the person named in the racketeering lien or notice of pending forfeiture or the defendant in the civil proceeding or criminal proceeding in an amount equal to the fair market value of the property, together with reasonable investigative expenses and attorney fees. If a civil proceeding is pending, such action shall be filed only in the court where the civil proceeding is pending.  (3) This section does not limit the right of the State to obtain any order or injunction, receivership, writ, attachment, garnishment, or other remedy authorized under this chapter or appropriate to protect the interests of the State or available under other applicable law. [L 1988, c 260, pt of §1, §7; am L 1990, c 197, §1; am L 1993, c 196, §1; am L 1996, c 104, §6]
HI Rev Stat § 712A-15 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712A. Forfeiture|712A-15 Disposition of claims by court.

  §712A-15 Disposition of claims by court. (1) Following the court's disposition of all claims filed under this chapter, or if no such claims are filed, following the expiration of the period provided in this chapter for the filing of such claims, the State has clear title to property that is the subject of the in rem or in personam petition and the court shall so order. Title to the forfeited property and its proceeds is deemed to have vested in the State on the commission of the act or omission giving rise to the forfeiture.  (2) The court, on motion of the prosecuting attorney, may release or convey forfeited personal property to an interest- holder who has satisfied both the prosecuting attorney and the court that all of the following are true:  (a) The interest-holder has an interest which was acquired in the regular course of business as a financial institution and which is not subject to forfeiture pursuant to section 712A-5;  (b) The amount of the interest-holder's encumbrance and the fair market value of the property are readily determinable and both amounts have been reasonably established by proof made available by the attorney for the State to the court;  (c) There are no encumbrances on the property other than encumbrances held by the interest-holder seeking possession; and  (d) The interest-holder has satisfied the State's interest by tendering the fair market value of the property and the expenses of its sale or disposal by the interest- holder.  (3) Upon order of the court forfeiting the subject property the attorney general may transfer good and sufficient title to any subsequent purchaser or transferee, and the title shall be recognized by all courts, by this State, and by all departments and agencies of this State and any political subdivision thereof.  (4) Upon entry of judgment for a claimant or claimants in any proceeding to forfeit property under this chapter such property or interest in property shall be returned or conveyed to the claimant or claimants designated by the court. If it appears that there was reasonable cause for the seizure for forfeiture or the filing of the complaint, the court shall cause a finding to be entered, and the claimant is not, in such case, entitled to costs or damages. Nor, in such case, is the person or seizing agency, or its agents, who made the seizure, or the prosecuting attorney or the attorney general liable to suit or judgment on account of such seizure, suit, or prosecution.  (5) The court shall order any claimant who fails to establish that the claimant's entire interest is exempt from forfeiture under section 712A-5 to pay the costs of any claimant who establishes that the entire interest is exempt from forfeiture under section 712A-5, and the State's costs and expenses of the investigation and prosecution of the matter, including reasonable attorney fees. [L 1988, c 260, pt of §1, §7; am L 1990, §1; am L 1993, c 196, §1; am L 1996, c 104, §6]
HI Rev Stat § 712A-17 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712A. Forfeiture|712A-17 Limitation of actions.

  §712A-17 Limitation of actions. Notwithstanding any other provision of law, forfeiture proceedings under this chapter may be commenced at any time within the period in which a criminal proceeding may be instituted for a covered offense pursuant to section 701-108. [L 1988, c 260, pt of §1; §7; am L 1990, c 197, §1; am L 1993, c 196, §1; am L 1996, c 104, §6]
HI Rev Stat § 712A-18 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712A. Forfeiture|712A-18 Victim restitution.

  §712A-18 Victim restitution. Nothing herein precludes a court from ordering restitution or reparation to a victim by the defendant as part of a sentence imposed for a violation of a covered offense. The State shall not be compelled to provide funds for victim restitution or reparation under this chapter. [L 1988, c 260, pt of §1, §7; am L 1990, c 197, §1; am L 1993, c 196, §1; am L 1996, c 104, §6]
HI Rev Stat § 712A-19 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712A. Forfeiture|712A-19 Construction.

  §712A-19 Construction. It is the intent of the legislature that this chapter be liberally construed so as to effect the purposes of this chapter. [L 1988, c 260, pt of §1, §7; am L 1990, c 197, §1; am L 1993, c 196, §1; am L 1996, c 104, §6]
HI Rev Stat § 712A-20 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712A. Forfeiture|712A-20 Short title.

  §712A-20 Short title. This chapter may be cited as the "Hawaii omnibus criminal forfeiture act". [L 1988, c 260, pt of §1, §7; am L 1990, c 197, §1; am L 1993, c 1993, c 196, §1; am L 1996, c 104, §6]
HI Rev Stat § 713-1300 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|713. Repeal and Recodification Provisions|713-1300 Repeal and recodification.

  §713-1300 Repeal and recodification. Omitted as functus. APPENDIX 1. ABBREVIATIONS  Colum. L. Rev. Columbia Law Review  Eng. Rep. English Reports--Full Preprint  F. Federal Reporter  F.2d Federal Reporter, Second Series  F. Supp. Federal Supplement  Haw. Hawaii Reports  H.R.S. or HRS Hawaii Revised Statutes  H.R.Cr.P. Hawaii Rules of Criminal  Procedure (1960)  Ill. Cr. Code Illinois Criminal Code (1961)  M.P.C. American Law Institute, Model Penal  Code, Proposed Official  Draft (1962)  Mich. L. Rev. Michigan Law Review  N.Y.R.P.L. New York Revised Penal Law (1965)  Prop. Del. Cr. Code Proposed Delaware Criminal  Code (1967)  Prop. Mich. Rev. Cr. Code Proposed Michigan Revised  Criminal Code (1967)  Q.B. Queen's Bench Reports  Stan. L. Rev. Stanford Law Review  U.S. United States Supreme Court Reports  Weekly L. R. Weekly Law Reports (English) 2. TABLE OF DISPOSITION--TITLE 37. CRIMINAL LAW R = Repealed ________________________________________________________________ Former § Present § Former § Present § ________________________________________________________________ C701 R 711-21 to 23 806-21 to 23 C702 R 711-26 to 42 806-26 to 42 C703 R 711-46 to 51 806-46 to 51 C704 R 711-56 806-56 705-1 to 3 R 711-61 to 64 806-61 to 64 705-4 801-1 711-65, 66 R 705-5 801-5 711-67, 68 806-65, 66 705-5.5 R 711-71 to 73 R 705-6 to 8 801-2 to 4 711-76, 77 R 705C-1 to 12 802-1 to 12 711-78, 79 806-72, 73 C706 R 711-80 to 83 R C707 R 711-84 806-71 708-1 to 11 803-1 to 11 711-85, 91 to 94 R 708-21 to 24 803-21 to 24 711-96 806-76 708-31 to 38 803-31 to 38 C712 R 709-1 to 19 804-1 to 19 713-1 to 27 832-1 to 27 709-31 to 41 804-31 to 41 713C-1 to 6 833-1 to 6 709-51 804-51 714-1 to 6 834-1 to 6 710-1 to 11 805-1 to 11 715-1 to 19 841-1 to 19 710-12 to 14 R 716-1 to 7 831-1 to 7 710-15 805-12 718-1 to 8 835-1 to 8 711-1, 2 806-1, 2 719-1 to 6 836-1 to 6 711-6 to 10 806-6 to 10 720-1 to 12 842-1 to 12 711-16 to 18 806-16 to 18
HI Rev Stat § 801-1 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|801. Rights of Accused|801-1 Indictment or information.

  §801-1 Indictment or information. No person shall be subject to be tried and sentenced to be punished in any court, for an alleged offense, unless upon indictment or information, except for offenses within the jurisdiction of a district court or in summary proceedings for contempt. [PC 1869, c 2, §2; RL 1925, §3931; RL 1935, §5352; RL 1945, §10684; RL 1955, §253-4; HRS §705-4; ren L 1972, c 9, pt of §1] Cross References  See Const. art. 1, §10.  Rules of Court  Indictment, information, or complaint, see HRPP rule 7.  Applicability of rules, see HRPP rules 1, 54.
HI Rev Stat § 801-2 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|801. Rights of Accused|801-2 Witnesses; defense.

  §801-2 Witnesses; defense. In the trial of any person on the charge of any offense, he shall have a right to meet the witnesses, who are produced against him, face to face; to produce witnesses and proofs in his own favor; and by himself or his counsel, to examine the witnesses produced by himself, and cross- examine those produced against him; and to be heard in his defense. [PC 1869, c 2, §3; RL 1925, §3932; RL 1935, §5355; RL 1945, §10686; RL 1955, §253-6; HRS §705-6; ren L 1972, c 9, pt of §1] Cross References  See Const. art. I, §14.  Rules of Court  Presence of defendant, see HRPP rule 43.   Depositions, discovery and inspection, subpoenas, see HRPP rules 15, 16, 17.  Applicability of rules, see HRPP rules 1, 54.  Case Notes  Confrontation may be waived. 33 F.2d 396 (1929); 23 H. 421, 423 (1916); 37 H. 477 (1947).   Constitutional privilege of being confronted by one's accusers includes knowing what they are saying. 7 H. 319 (1888).   Cross-examination, within discretion of trial court. 34 F.2d 86 (1929); 39 H. 635 (1953).   When a party fails to avail himself of the opportunity to cross-examine, he forfeits such right. 44 H. 82, 352 P.2d 611 (1960).  No reversal for error in restricting cross-examination unless the error was prejudicial. 47 H. 185, 389 P.2d 146 (1963).   Defendant's constitutional and statutory right to testify in defendant's own defense was violated where judge reproached defendant to follow defendant's attorney's advice and thus refrain from testifying. 78 H. 115 (App.), 890 P.2d 702 (1995).  See 7 H. 319 (1888); 12 H. 189 (1899).  Cited: 134 H. 361, 341 P.3d 567 (2014).
HI Rev Stat § 801-3 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|801. Rights of Accused|801-3 Jury list, witnesses.

  §801-3 Jury list, witnesses. Any person indicted for a crime punishable with imprisonment for life not subject to parole shall, on demand upon the clerk by the person or the person's counsel, have a list of the jurors returned delivered to the person, and shall also have process to summon such witnesses as are necessary for the person's defense. [L 1876, c 40, §42; RL 1925, §4022; RL 1935, §5356; RL 1945, §10687; RL 1955, §253-7; am L 1957, c 282, §6; HRS §705-7; ren L 1972, c 9, pt of §1; gen ch 1993]
HI Rev Stat § 801-4 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|801. Rights of Accused|801-4 Fees not payable by defendant.

  §801-4 Fees not payable by defendant. It shall not be lawful to take, demand, or receive any court fees for the issuing of any process for or on behalf of any person charged with, or indicted for, any felony or as accessory thereto, or with or for any misdemeanor in any court of criminal jurisdiction; nor shall it be lawful to take, demand, or receive any fees from any such person for taking any recognizance of bail, or issuing any writ of habeas corpus, or recording any appearance, or plea to any information, or for discharging any recognizance taken from any such person, or surety or sureties for them, but all costs may be ordered to be paid by the person charged and convicted as part of the judgment. [L 1876, c 40, §35; RL 1925, §4027; RL 1935, §5360; RL 1945, §10688; RL 1955, §253-8; HRS §705-8; ren L 1972, c 9, pt of §1] Case Notes  Costs as part of sentence. 6 H. 732, 737 (1869).  On appeal accrued costs must be paid. 18 H. 341 (1907).  Costs can only be taxed as part of punishment, not separately. 23 H. 766, 769 (1917).  Where costs are ordered paid on conviction they must be taken into account in imposing maximum penalty. 38 H. 258 (1948).
HI Rev Stat § 801-5 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|801. Rights of Accused|801-5 REPEALED.

  §801-5 REPEALED. L 1976, c 131, §2.