HB 126 Hawaii House · 2025 Regular Session

RELATING TO PROPERTY FORFEITURE.

Summary

Increases transparency and accountability surrounding property forfeiture. Clarifies which property is subject to forfeiture. Amends the authorized disposition of forfeited property and the proceeds thereof. Requires the Attorney General to adopt rules necessary to carry out the purpose of the Hawaii Omnibus Criminal Forfeiture Act. Repeals language that requires the Hawaii Omnibus Criminal Forfeiture Act to be construed liberally. (CD1)

Issues: ✓ Criminal Justice

Bill status signed all 5 stages cleared

Introduction

Jan 2025

Committee Review

Apr 2025

House Passage

Apr 2025

Senate Passage

Apr 2025

Signed into Law

Jul 2025

Introduced Jan 14, 2025 Signed Jul 3, 2025

Maddy AI version diff · 5 comparisons

What changed between versions

HB126_SD1_PROPOSED → HB126_SD2 · 8 edits

MODERATE

This bill significantly restricts civil asset forfeiture in Hawaii by requiring a felony conviction of the property owner before their property can be seized, eliminating the previous 'innocent owner' exception, and directing forfeiture proceeds to the general fund rather than law enforcement agencies. The changes increase transparency by mandating public records and reporting requirements while repealing language that previously required the forfeiture act to be construed liberally.

Scope change

The bill narrows the scope of forfeiture eligibility from any property connected to a crime to only property connected to felony offenses where the owner has been convicted, and removes protections for innocent owners whose property was used by others without their knowledge.

ELIGIBILITY

Property can only be forfeited if the owner has been convicted of a felony offense, removing the ability to forfeit property based solely on suspicion or connection to a crime without conviction.

The 'innocent owner' exception was removed, meaning property used by others without the owner's knowledge can now be forfeited if the owner was convicted of the underlying felony.

FISCAL

Forfeiture proceeds are now directed to the general fund instead of being distributed to law enforcement agencies and prosecutors who conducted the seizure.

REQUIREMENT

New requirements mandate that seizing agencies maintain detailed public records of all forfeited property and post them on a publicly accessible website.

Repealed the provision requiring the Hawaii omnibus criminal forfeiture act to be construed liberally, which previously allowed courts to interpret the law broadly in favor of forfeiture.

New reporting requirements mandate the Attorney General submit detailed annual reports to the legislature on forfeiture activities, seizures, and fund expenditures.

DEFINITION

The definition of property subject to forfeiture was expanded to include proceeds and interests in enterprises used to commit crimes, while adding specific exemptions for real property and common carriers.

TIMELINE

The bill's effective date is set to July 1, 2050, which appears to be a placeholder or error in the document.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Jun 6, 2025

Vetoed

Notice of intent to veto (Gov. Msg. No. 1301)

lower

Jun 6, 2025

Vetoed

Notice of Intent to veto dated 06/06/2025 (Gov. Msg. No. 1301)

upper

Apr 30, 2025

Lower · Passed

Passed Final Reading as amended in CD 1 with none voting aye with reservations; Representative(s) Alcos, Garcia, Muraoka voting no (3) and Representative(s) Cochran excused (1).

lower

Apr 30, 2025

Upper · Passed

Passed Final Reading, as amended (CD 1). Ayes, 24; Aye(s) with reservations: Senator(s) San Buenaventura. Noes, 1 (Senator(s) Awa). Excused, 0 (none).

upper

Apr 25, 2025

Introduced

48 Hrs. Notice (as amended CD 1) 04-30-25

upper

Apr 25, 2025

Upper · Passed

Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 231).

upper

Apr 25, 2025

Lower · Passed

Reported from Conference Committee (Conf Com. Rep. No. 231) as amended in (CD 1).

lower

Apr 25, 2025

Lower · Passed

The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 3 Ayes: Representative(s) Tarnas, Kitagawa, Shimizu; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none.

lower

Apr 25, 2025

Upper · Passed

The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 3 Aye(s): Senator(s) Rhoads, Kanuha, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.

upper

Apr 24, 2025

Lower · Passed

Conference Committee Meeting will reconvene on Friday 04-25-25 2:15PM in conference room 325.

lower

Apr 23, 2025

Lower · Passed

Conference Committee Meeting will reconvene on Thursday 04-24-25 2:15PM in conference room 325.

lower

Apr 22, 2025

Lower · Passed

Conference Committee Meeting will reconvene on Wednesday 04-23-25 2:15PM in conference room 325.

lower

Apr 21, 2025

Lower · Passed

Conference Committee Meeting will reconvene on Tuesday 04-22-25 2:05PM in conference room 325.

lower

Apr 17, 2025

Lower · Passed

Conference Committee Meeting will reconvene on Monday 04-21-25 2:05PM in conference room 325.

lower

Apr 16, 2025

Lower · Passed

Bill scheduled for Conference Committee Meeting on Thursday, 04-17-25 3:46PM in conference room 325.

lower

Apr 8, 2025

Amended

House disagrees with Senate amendment (s).

lower

Apr 4, 2025

Introduced

Returned from Senate (Sen. Com. No. 568) in amended form (SD 2).

lower

Apr 4, 2025

Upper · Passed

Report Adopted; Passed Third Reading, as amended (SD 2). Ayes, 24; Aye(s) with reservations: none. Noes, 1 (Senator(s) Awa). Excused, 0 (none). Transmitted to House.

upper

Mar 28, 2025

Upper · Passed

The committee(s) on WAM recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in WAM were as follows: 11 Aye(s): Senator(s) Dela Cruz, Moriwaki, Aquino, DeCoite, Elefante, Hashimoto, Inouye, Kanuha, Kidani, Kim, Wakai; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) Lee, C., Fevella.

upper

Mar 25, 2025

Upper · Passed

The committee(s) on WAM will hold a public decision making on 03-28-25 10:02AM; Conference Room 211 & Videoconference.

upper

Mar 21, 2025

Committee

Reported from JDC (Stand. Com. Rep. No. 1238) with recommendation of passage on Second Reading, as amended (SD 1) and referral to WAM.

upper

Mar 18, 2025

Upper · Passed

The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 3 Aye(s): Senator(s) Rhoads, Chang, San Buenaventura; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) Gabbard, Awa.

upper

Mar 12, 2025

Upper · Passed

The committee(s) on JDC has scheduled a public hearing on 03-18-25 9:45AM; CR 016 & Videoconference (Proposed Draft).

upper

Mar 6, 2025

Committee

Referred to JDC, WAM.

upper

Mar 6, 2025

Introduced

Received from House (Hse. Com. No. 189).

upper

Mar 4, 2025

Lower · Passed

Passed Third Reading with none voting aye with reservations; Representative(s) Garcia, Matsumoto, Muraoka, Shimizu voting no (4) and Representative(s) Pierick, Ward excused (2). Transmitted to Senate.

lower

Feb 25, 2025

Lower · Passed

The committee on FIN recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 13 Ayes: Representative(s) Yamashita, Takenouchi, Grandinetti, Holt, Hussey, Keohokapu-Lee Loy, Kitagawa, Lamosao, Lee, M., Miyake, Morikawa, Templo; Ayes with reservations: Representative(s) Alcos; Noes: none; and 3 Excused: Representative(s) Kusch, Reyes Oda, Ward.

lower

Feb 13, 2025

Committee

Reported from JHA (Stand. Com. Rep. No. 618) as amended in HD 1, recommending passage on Second Reading and referral to FIN.

lower

Feb 5, 2025

Lower · Passed

The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 10 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Hashem, Kahaloa, Perruso, Takayama, Todd; Ayes with reservations: Representative(s) Garcia, Shimizu; Noes: none; and 1 Excused: Representative(s) Cochran.

lower

Jan 21, 2025

Committee

Referred to JHA, FIN, referral sheet 1

lower

Jan 16, 2025

Introduced

Introduced and Pass First Reading.

lower

Jan 14, 2025

Introduced

Prefiled.

lower

12 primary · 0 co-sponsors