Haw. Rev. Stat. § 712A-2

Current through the 2024 Legislative Session

Section 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.

HRS § 712A-2

L 1988, c 260, pt of §1; am L 1994, c 178, §2

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.