§710-1001  Forfeiture of property used as
benefit or pecuniary benefit in the commission of an offense defined in this
chapter.  Any property offered, conferred, agreed to be conferred, or
accepted as a benefit, pecuniary benefit, or compensation in the commission of
an offense defined in this chapter is forfeited, subject to the requirements of
chapter 712A, to the State. [L 1972, c 9, pt of §1; am L 1989, c 261, §21]



 



COMMENTARY ON §710-1001



 



  This section is derived from the previous law on the forfeiture
of bribery money.[1]  Since this chapter deals with additional kindred
offenses, e.g., compounding, giving and receiving unlawful compensation, giving
and receiving improper gifts, unlawful assistance of a private interest, and
obtaining unlawful assistance of a public servant, the forfeiture is expressed
in general terms to cover all sections in which property is offered, conferred,
agreed to be conferred, or accepted as a benefit, pecuniary benefit, or
compensation in the commission of an offense defined in this chapter.  The mere
solicitation or agreement to accept property would not, of course, work a
forfeiture.



  The forfeiture is specifically made subject to the
requirements of §701-119 which embodies a single procedure for the
establishment of all forfeitures declared by the Penal Code.  The procedure
provides, as did the previous law,[2] for the protection of innocent owners of
property which is involved in the commission of an offense.



 



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§710-1001 Commentary:



 



1.  H.R.S. §725-8.



 



2.  See id. §§725-8 to 725-11.