reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1251 Possession in a motor vehicle; prima facie evidence.

§712-1251 Possession in a motor vehicle; prima facie evidence.
(1) Except as provided in subsection (2), the presence of a dangerous drug, harmful drug, or detrimental drug in a motor vehicle, other than a public omnibus, is prima facie evidence of knowing possession thereof by each and every person in the vehicle at the time the drug was found.
(2) Subsection (1) does not apply to:
(a) Other occupants of the motor vehicle if the substance is found upon the person of one of the occupants therein;
(b) All occupants, except the driver or owner of the motor vehicle, if the substance is found in some portion of the vehicle normally accessible only to the driver or owner; or
(c) The driver of a motor vehicle who is at the time operating it for hire in the pursuit of the driver's trade, if the substance is found in a part of the vehicle used or occupied by passengers. [L 1972, c 9, pt of §1; gen ch 1993]
Revision Note
In subsection (2)(a), "or" deleted pursuant to §23G-15.
COMMENTARY ON §712-1251
Subsection (1) of this section establishes a rule of prima facie evidence regarding the possession of a dangerous drug, harmful drug, or detrimental drug when it is found in a motor vehicle. Section 701-117 sets forth the definition of "prima facie evidence". Subsection (2) provides that the evidentiary rule does not apply to various occupants of a vehicle under certain circumstances. If the substance is found upon the person of one of the occupants, then the evidentiary rule does not apply to other occupants of the vehicle. If it is found in some area of the vehicle normally accessible only to the driver, the rule applies only to the driver. If a drug is found in the part of a hired or chauffeured vehicle used or occupied by passengers, the evidentiary rule does not apply to the driver but does apply to the passenger or passengers.
When any of the specified substances is found in a vehicle, but not upon the person of one of the occupants, it is almost impossible for the prosecutor to prove actual possession by direct evidence. However, the inference, in the absence of contrary evidence which raises a reasonable doubt in the mind of the trier of fact, is overwhelming that if, for example, the substance is in that portion of the vehicle to which only the driver and owner have access, that the substance is in fact in the possession and under the control of the owner-occupant or driver-occupant. The same holds true for the other provisions of subsections (1) and (2). Therefore, subsections (1) and (2) are designed and provided to let the prosecutor get the case to the jury in situations where direct evidence is difficult to obtain and the weight of a logical inference is sufficient to warrant a special evidentiary rule.
Case Notes
Section permits but does not require the inference of guilt, and is constitutional as applied to dealership quantities of drugs. 61 H. 99, 595 P.2d 1072 (1979).
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1252 Knowledge of character, nature, or quantity of substance, or age of transferee; prima facie evidence.

§712-1252 Knowledge of character, nature, or quantity of substance, or age of transferee; prima facie evidence.
(1) The fact that a person engaged in the conduct specified by any section in this part is prima facie evidence that the person engaged in that conduct with knowledge of the character, nature, and quantity of the dangerous drug, harmful drug, detrimental drug, or intoxicating compounds possessed, distributed, or sold.
(2) The fact that the defendant distributed or sold a dangerous drug, harmful drug, detrimental drug, or intoxicating compound to a minor is prima facie evidence that the defendant knew the transferee to be a minor. [L 1972, c 9, pt of §1; am L 1984, c 122, §3; am L 1986, c 342, §5; am L 1987, c 283, §70; am L 1991, c 206, §2; am L 1992, c 207, §2; gen ch 1992]
Cross References
Prima facie evidence, see §701-117.
COMMENTARY ON §712-1252
Much of the difficulty in proving possession of a dangerous drug, harmful drug or detrimental drug when the substance is found in a motor vehicle is also present in proving mens rea with respect to (1) the character, nature, or quantity of the substance possessed, dispensed, or sold, and (2) the transferee's status as a minor. In cases involving offenses defined in this part, direct evidence, on these issues, such as self- incriminating statements, are rare. Section 712-1252 provides an evidentiary rule analogous to that found in §712-1216 (relating to obscenity offenses). It permits the prosecution to get its case before the trier of fact on issues where direct evidence is difficult to obtain, but it does not change the prosecution's burden of proof.
SUPPLEMENTAL COMMENTARY ON §712-1252
Act 122, Session Laws 1984, amended this section to include intoxicating liquor in regard to prima facie evidence of knowledge of character, nature, or quantity of substance, or age of transferee because of the creation of a new offense of promoting intoxicating liquor to a minor.
Act 207, Session Laws 1992, removed the repeal date of Act 342, Session Laws of Hawaii 1986, to permanently raise the minimum drinking age to twenty-one. Conference Committee Report No. 9.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1253 Penalties under other laws.

§712-1253 Penalties under other laws.
Any penalty imposed for violation of this chapter or chapter 329 is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law. [L 1972, c 9, pt of §1; am L 1987, c 176, §9]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1254 Bar to prosecution.

§712-1254 Bar to prosecution.
If a violation of this part or chapter 329 is a violation of a federal law or the law of another state, a conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this State. [L 1972, c 9, pt of §1]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1255 Conditional discharge.

§712-1255 Conditional discharge.
(1) Whenever any person who has not previously been convicted of any offense under this chapter or chapter 329 or under any statute of the United States or of any state relating to a dangerous drug, harmful drug, detrimental drug, or an intoxicating compound, pleads guilty to or is found guilty of promoting a dangerous drug, harmful drug, detrimental drug, or an intoxicating compound under section 712-1243, 712-1245, 712-1246, 712-1248, 712-1249, or 712-1250, the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place the accused on probation upon terms and conditions. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided.
(2) Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against the person.
(3) Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime.
(4) There may be only one discharge and dismissal under this section with respect to any person.
(5) After conviction, for any offense under this chapter or chapter 329, but prior to sentencing, the court shall be advised by the prosecutor whether the conviction is defendant's first or a subsequent offense. If it is not a first offense, the prosecutor shall file an information setting forth the prior convictions. The defendant shall have the opportunity in open court to affirm or deny that the defendant is identical with the person previously convicted. If the defendant denies the identity, sentence shall be postponed for such time as to permit the trial, before a jury if the defendant has a right to trial by jury and demands a jury, on the sole issue of the defendant's identity with the person previously convicted. [L 1972, c 9, pt of §1; am L 1987, c 176, §10; gen ch 1993]
Case Notes
Conditional discharge procedures are not applicable to offense under §712-1247(1)(e), which is not included among the offenses listed in this section. 58 H. 412, 570 P.2d 1323 (1977).
Conditional discharge of defendant under this section is not a final disposition of the case appealable by the State. 60 H. 576, 592 P.2d 832 (1979).
Order granting belated motion for reconsideration or correction of sentence and conditional discharge under section is not a reversal of criminal conviction for purposes of Hawaii Supreme Court rule 2.13 (attorneys convicted of crimes). 73 H. 172, 829 P.2d 1329 (1992).
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1256 Expunging of court records.

§712-1256 Expunging of court records.
(1) Upon the dismissal of such person and discharge of the proceeding against the person under section 712-1255, this person, if the person was not over twenty years of age at the time of the offense, may apply to the court for an order to expunge from all official records all recordation relating to the person's arrest, indictment, or information, trial, finding of guilt, and dismissal and discharge pursuant to this section.
(2) If the court determines, after hearing, that such person was dismissed and the proceedings against the person discharged and that the person was not over twenty years of age at the time of the offense, it shall enter such order.
(3) The effect of such order shall be to restore such person, in the contemplation of the law, to the status the person occupied before such arrest or indictment or information.
(4) No person as to whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of the person's failures to recite or acknowledge such arrest or indictment or information, or trial in response to any inquiry made of the person for any purpose. [L 1972, c 9, pt of §1; gen ch 1993]
COMMENTARY ON § §712-1253 TO 712-1256
Section 712-1253 assures that the penalty provisions of this part as well as of chapter 329, HRS will not be in lieu of any civil penalties. This is an addition to the proposed draft.
Section 712-1254 is a double jeopardy provision which represents an addition to the proposed draft.
Section 712-1255 is concerned with the conditional discharge of first offenders. If a first offender is guilty of promoting a dangerous drug in the third degree, or promoting a harmful drug in the second or third degrees, or promoting a detrimental drug in the second or third degrees, or promoting intoxicating compounds, the first offender qualifies for a conditional discharge.
If the defendant is under 20 years old, §712-1256 provides that the court records may be expunged upon application. The Code recognizes that many offenders may be young persons who are otherwise without criminal records. The Code attempts to assure proper sanctions, while at the same time allowing for moderation of punishment and sentencing of first offenders.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1257 Prohibited cigarette sales of less than twenty.

§712-1257 Prohibited cigarette sales of less than twenty.
(1) It shall be unlawful to sell single cigarettes or packs of cigarettes containing less than twenty cigarettes. It further shall be unlawful to sell cigarettes other than in sealed packages originating with the manufacturer and bearing the health warning required by law.
(2) As used in this section, "to sell" includes: to solicit and receive an order for; to have, or keep, or offer, or expose for sale; to deliver for value or in any other way than purely gratuitously; to peddle; to keep with intent to sell; and to traffic in.
(3) "Sale" includes every act of selling as defined in [subsection (2)].
(4) Any person who violates subsection (1), shall be fined not more than $2,500 for the first offense. Any subsequent offense shall subject the person to a fine of not less than $100 and not more than $5,000. Any person who knowingly violates subsection (1) shall be guilty of a class C felony. [L 1996, c 53, §1; am L 2000, c 201, §2]
Cross References
Sale of tobacco or electronic smoking device to minors, see §709-908.
COMMENTARY ON §712-1257
Act 53, Session Laws 1996, added this section to prohibit the sale of single cigarettes or cigarettes in packs of less than twenty and in other than in sealed packages originating with the manufacturer and bearing the required health warning. The legislature found that the sale of cigarettes in amounts of less than twenty was specifically aimed at minors. The legislature sought to prevent the distribution of cigarettes to minors through quantity and price control. House Standing Committee Report No. 924-96, Senate Standing Committee Report No. 2013.
Act 201, Session Laws 2000, amended this section by increasing to a class C felony the penalty for anyone who knowingly sells single cigarettes or packs of cigarettes containing less than twenty cigarettes. Conference Committee Report No. 108.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1270 Places used to commit offenses against public health and morals or other offenses, a nuisance.

§712-1270 Places used to commit offenses against public health and morals or other offenses, a nuisance.
Every building, premises, or place used for the purpose of violating:
(1) Those laws pertaining to offenses against public health and morals contained in this chapter, except offenses under part IV that do not involve the manufacture or distribution of drugs and activities under part III that involve only social gambling as defined in section 712-1231(a);
(2) Section 132D-14(a)(1) or (3); or
(3) Any offense under part II of chapter 708 that involves a person unlawfully residing on or otherwise occupying real property to which the person has no title, lease, or other legal claim,
and every building, premises, or place in or upon which violations of any of the laws set forth in paragraph (1), (2), or (3) are held or occur, is a nuisance that shall be enjoined, abated, and prevented, regardless of whether it is a public or private nuisance. [L 1979, c 181, pt of §2; am L 1990, c 158, §1; am L 1996, c 246, §1; am L 2010, c 136, §4; am L 2015, c 80, §2; am L 2016, c 154, §1]
Case Notes
Cannot be used to abate gambling offenses. 5 H. App. 463, 701 P.2d 175 (1985).
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1270.3 Citizen's rights.

§712-1270.3 Citizen's rights.
Any citizen who brings a nuisance abatement suit against a place used for the purpose of committing:
(1) Fireworks related offenses contained in section 132D-14(a)(1) or (3); or
(2) Drug offenses under part IV of this chapter or who files a complaint with the local police or drug nuisance abatement unit of the department of the attorney general,
shall be entitled to the same rights and protections of victims and witnesses in criminal proceedings in accordance with chapter 801D. [L 2004, c 44, §25; am L 2010, c 136, §5]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1270.5 Injunctions against persons. Nothing in this part shall be construed to prohibit injunctions against persons causing, maintaining, aiding, abetting, or permitting a nuisance from entering or residing in any public or private building, premises, or place, in or upon which the nuisance exists. [L 1998, c 286, §1; am L 2005, c 123, §2]

§712-1270.5
Injunctions against persons.
Nothing in this part shall be construed to prohibit injunctions against persons causing, maintaining, aiding, abetting, or permitting a nuisance from entering or residing in any public or private building, premises, or place, in or upon which the nuisance exists. [L 1998, c 286, §1; am L 2005, c 123, §2]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1271 Suit to abate.

§712-1271 Suit to abate.
(1) Whenever there is reason to believe that a nuisance as defined in this chapter is in existence, kept, or maintained in any county, the attorney general of the State or the prosecutor or prosecuting attorney of the respective counties shall, or any citizen of the State residing within such county may in the citizen's own name, or any organization, including, but not limited to a tenant organization within such county may in the organization's own name, maintain a suit to abate and prevent the nuisance and to perpetually enjoin the person or persons causing, maintaining, aiding, abetting, or permitting the nuisance, or the owner, lessee, or agent of the building, premises, or place in or upon which the nuisance exists from directly or indirectly causing, maintaining, aiding, abetting, or permitting the nuisance.
(2) No action authorized under this part which seeks to abate or prevent a nuisance shall be filed or maintained against the State or any political subdivision thereof. [L 1979, c 181, pt of §2; gen ch 1993; am L 1996, c 246, §2; am L 1998, c 286, §2; am L 2005, c 123, §3]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1271.5 Standard of proof.

§712-1271.5 Standard of proof.
Except as may be otherwise expressly provided, the civil causes of action in this part shall be proved by a preponderance of the evidence. [L 2005, c 123, pt of §1]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1271.6 Protective order.

§712-1271.6 Protective order.
If proof of the existence of the nuisance depends, in whole or in part, upon the affidavits or testimony of witnesses who are not law enforcement officers, the court, upon a showing of prior threats of violence or acts of violence by any defendant may issue orders to protect those witnesses including, but not limited to, the nondisclosure of the name, address, or any other information that may identify those witnesses. [L 2005, c 123, pt of §1]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1272 Temporary writ.

§712-1272
Temporary writ.
Whenever the existence of a nuisance is shown in a suit brought under this part to the satisfaction of the court or the judge thereof, either by verified petition or affidavit, or both, the court or judge thereof shall allow a temporary writ of injunction to abate and prevent the continuance or recurrence of such nuisance, which injunction may include a provision prohibiting the person or persons causing, maintaining, aiding, abetting, or permitting the nuisance from residing in or entering into the building, premises, or place in or upon which the nuisance exists. The petition in such suit need not be verified, except in those suits brought by a citizen in the citizen's own name, or those suits brought by an organization in its own name, but shall be signed by the party bringing the same and shall include a certification that the complainant believes the allegations of the petition to be true. [L 1979, c 181, pt of §2; gen ch 1993; am L 1996, c 246, §3; am L 2005, c 123, §4]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1273 Suit to have precedence.

§712-1273
Suit to have precedence.
The suit when brought shall have precedence over all cases, excepting criminal proceedings, election contests, and hearings on injunctions, and in the suit evidence of the general reputation of the building, premises, place, or persons, and of the use or threat of violence shall be admissible for the purpose of proving the existence of the nuisance. [L 1979, c 181, pt of §2; am L 1996, c 246, §4; am L 1998, c 286, §3; am L 2005, c 123, §5]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1274 Failure to prosecute.

§712-1274 Failure to prosecute.
If the petition is filed by a citizen or by an organization, it shall not be dismissed by the complainant or for want of prosecution except upon a sworn statement by the complainant or the complainant's attorney, setting forth the reasons why the suit should be dismissed, and the dismissal ordered by the court. In case of failure to prosecute any such suit with reasonable diligence, or at the request of the complainant, the court, in its discretion, may substitute any other citizen or organization, including, but not limited to the attorney general or the prosecutor or prosecuting attorney of the county consenting thereto for the complainant. If a suit is brought by a citizen or by an organization and the court finds that there was no reasonable ground or cause therefor, the costs shall be taxed against such citizen or organization, except that no costs shall be taxed against state or county organizations. [L 1979, c 181, pt of §2; am L 1996, c 246, §5]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1275 Order of abatement.

§712-1275
Order of abatement.
If the existence of a nuisance is established in a suit as provided herein, an order of abatement shall be entered as a part of the judgment in the case, which order shall include a provision permanently prohibiting the person or persons causing, maintaining, aiding, abetting, or permitting the nuisance, if said person or persons are a party to the proceeding, from residing in or entering into the building, premises, or place in or upon which the nuisance exists. The court, on the application of the person, may suspend the prohibition if the person is participating in a court-approved treatment and monitoring program which addresses the person's conduct which caused the nuisance. If the court determines that the person has successfully completed the program and that the person is not likely to again create a nuisance, the court may dissolve the injunction against the person. In the event that the court determines that an injunction against the person or persons causing, maintaining, aiding, abetting, or permitting the nuisance will not completely abate the nuisance or that one or more of the persons causing, maintaining, aiding, abetting, or permitting the nuisance are not parties to the proceeding, the court shall also direct the effectual closing of the building, premises, or place, against its use for any purpose, and that it be kept closed for a period not exceeding one year, unless sooner released, as provided by section 712-1277. While the order remains in effect as to closing, the building, premises, or place shall remain in the custody of the court. The court's orders may also include, but are not limited to, an order suspending or revoking any business, professional, operational, or liquor license. [L 1979, c 181, pt of §2; am L 1996, c 246, §6; am L 2005, c 123, §6]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1276 Costs and expenses.

§712-1276
Costs and expenses.
For any attorneys' fees, costs, or expenses incurred in the closing of the building, premises, or place and keeping it closed, or incurred in enforcing the injunction prohibiting the person or persons causing, maintaining, aiding, abetting, or permitting the nuisance from residing or entering into the building, premises, or place in or upon which the nuisance exists, as well as the attorneys' fees, costs, and expenses incurred by the party bringing the action, a reasonable sum shall be allowed by the court. [L 1979, c 181, pt of §2; am L 1996, c 246, §7; am L 2004, c 44, §27; am L 2005, c 123, §7]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1277 Owner not guilty of contempt; may pay costs.

§712-1277 Owner not guilty of contempt; may pay costs.
If the owner of the building, premises, or place has not been guilty of any criminal contempt of court in the proceedings, and appears and pays all costs, fees, and allowances which are a lien on the building, premises, or place and files a bond in a reasonable amount to be fixed by the court, with sureties, to be approved by the court or judge, conditioned that the owner will immediately abate any such nuisance that may exist at such building, premises, or place and prevent the same from being established or kept thereat for a period of one year thereafter, the court or the judge thereof, may, if satisfied of the owner's good faith, order the building, premises, or place closed under the order of abatement canceled so far as the same may relate to the closing of said building, premises, or place. The release of the building, premises, or place under the provisions of this section does not release it from any judgment, lien, penalty, or liability to which it may be subject by law. [L 1979, c 181, pt of §2; gen ch 1993; am L 1996, c 246, §8]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1277.5 Contempt.

§712-1277.5 Contempt.
Any person who knowingly violates any order issued pursuant to this part shall be subject to civil contempt as well as punishment for criminal contempt of court under section 710-1077. Nothing in this section shall be construed in any way to preclude or preempt a criminal prosecution for violation of a controlled substance offense or any other criminal offense. [L 2005, c 123, pt of §1]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1278 Fine, costs, lien on place.

§712-1278 Fine, costs, lien on place.
Any attorneys' fees, costs, expenses, and fines imposed against any owner of a business, premises or place in any proceedings under this part shall be a lien upon such business, premises, or place, to the extent of the interest of such person therein, enforceable and collectible by execution issued by the order of the court. [L 1979, c 181, pt of §2; am L 1996, c 246, §9; am L 2004, c 44, §28]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1279 Termination of lease.

§712-1279 Termination of lease.
The notice by the owner of any business, premises, or place to the lessee that the lease will be revoked if the lessee continues the maintenance of the nuisance, and other action taken to revoke the lease or to obtain the termination of the nuisance shall be given appropriate consideration by the court in the determination of a criminal contempt action brought against the owner in connection with abatement procedures of this part. [L 1979, c 181, pt of §2; gen ch 1993; am L 1996, c 246, §10]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1280 Place.

§712-1280 Place.
"Place" as used in this part means any building, structure, or place, or any separate part or portion thereof, whether permanent or not, or the ground itself. [L 1979, c 181, pt of §2; am L 1996, c 246, §11]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712A. Forfeiture › 712A-2 Jurisdiction.

§712A-2 Jurisdiction.
(1) The State may commence an in rem proceeding in the circuit court if the property for which forfeiture is sought is within this State at the time of the filing of the action.
(2) The State may commence a civil in personam proceeding in the circuit court if the courts of this State have in personam jurisdiction of an owner of or interest-holder in the property.
(3) The State may commence a criminal in personam proceeding in the court which has in personam jurisdiction of an owner of or interest-holder in the property. [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, §2; am L 1996, c 104, §6]
COMMENTARY ON §712A-2
Act 178, Session Laws 1994, amended this section to specify when the State may commence in rem, civil in personam, and criminal in personam proceedings. The legislature recognized the importance of complying with federal case law pertaining to due process and of ensuring that the statutes are as clear as possible on the circumstances and procedures surrounding forfeiture. Conference Committee Report No. 27.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712A. Forfeiture › 712A-3 Venue.

§712A-3
Venue.
An action brought pursuant to this chapter may be brought in the county which the property is seized or in any county where an owner or interest-holder could be complained against for the conduct alleged to give rise to the forfeiture of the property. [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]
2023 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).
2023 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.
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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