§712A-4  Covered offenses. 
Offenses for which property is subject to forfeiture under this chapter are:



(a) All offenses which specifically authorize
forfeiture;



(b) Murder, kidnapping, gambling, criminal property
damage, robbery, bribery, extortion, theft, unauthorized entry into motor
vehicle, burglary, money laundering, trademark counterfeiting, insurance fraud,
promoting a dangerous, harmful, or detrimental drug, commercial promotion of
marijuana, unlawful methamphetamine trafficking, manufacturing of a controlled
substance with a child present, promoting child abuse, or electronic enticement
of a child which is chargeable as a felony offense under state law;



(c) The manufacture, sale, or distribution of a
controlled substance in violation of chapter 329, promoting detrimental drugs
or intoxicating compounds, promoting pornography, promoting pornography for
minors, or promoting prostitution, which is chargeable as a felony or
misdemeanor offense, but not as a petty misdemeanor, under state law; and



(d) The attempt, conspiracy, solicitation, coercion,
or intimidation of another to commit any offense for which property is subject
to forfeiture. [L 1988, c 260, pt of §1; am L 1991, c 166, §1; am L 1997, c
277, §3; am L 1998, c 155, §4 and c 307, §1; am L 1999, c 18, §19; am L 2002, c
200, §4 and c 240, §§5, 11; am L 2006, c 7, §1]



 



COMMENTARY ON §712A-4



 



  Act 277, Session Laws 1997, amended this section to include
the offense of trademark counterfeiting in the offenses for which property is
subject to forfeiture under the chapter.  The legislature found that trademark
counterfeiting was a recurring problem in Hawaii for retail boutiques and
trademark products of the University of Hawaii, and that tourists are often the
target for the scams.  The legislature believed that the Act would safeguard
not only consumers from the sale of counterfeit products, but would also
protect the reputation and quality of trademarks and ensure that trademarks are
used for their legitimate and intended purposes.  House Standing Committee
Report No. 1620, Senate Standing Committee Report No. 759.



  Act 155, Session Laws 1998, made insurance fraud an offense
subject to the property forfeiture law.  The purpose of Act 155 was to minimize
insurance fraud and maximize savings to Hawaii's consumers by clarifying
insurance fraud laws and strengthening effective enforcement.  House Standing
Committee Report No. 1259-98, Senate Standing Committee Report No. 2554.



  Act 307, Session Laws 1998, amended this section to authorize
forfeiture of a person's property if the person is caught breaking into a motor
vehicle.  The legislature found that forfeiture of property has proven to be a
successful deterrent to criminal activity.  Including unauthorized entry into a
motor vehicle as one of the offenses under this section should provide an
effective deterrent to the class C felony.  Because unauthorized entry into a
motor vehicle included the elements of theft, criminal property damage, and
burglary, already covered by the forfeiture law, the legislature found that
unauthorized entry into a motor vehicle should also be covered.  Conference
Committee Report No. 98.



  Act 18, Session Laws 1999, amended this section by deleting
the brackets around "trademark counterfeiting,".  Act 277, Session
Laws 1997, amended this section by adding trademark counterfeiting as an
offense for which property is subject to forfeiture.  Acts 155 and 307, Session
Laws 1998, amended this section, adding new offenses for which property is
subject to forfeiture; Act 155, insurance fraud and Act 307, unauthorized entry
into motor vehicle.  Act 155 amended the 1997 version of this section. 
However, Act 307 used the pre-1997 version of the section for amendment,
omitting the reference to trademark counterfeiting.  The deletion of the
brackets around "trademark counterfeiting," by Act 18, Session Laws
1999, ratified the revisor's replacement of "trademark
counterfeiting".  House Standing Committee Report No. 900, Senate Standing
Committee Report No. 1239.



  Act 200, Session Laws 2002, amended this section to subject
to forfeiture, property used in promoting child abuse and electronic enticement
of a child.  The legislature found that Act 200 addressed the problem of
utilizing computer technology in committing crimes against children.  Senate
Standing Committee Report No. 2867, Conference Committee Report No. 36-02.



  Act 240, Session Laws 2002, amended this section by including
sexual exploitation of a minor within covered offenses subject to forfeiture of
property upon conviction.  Conference Committee Report No. 79-02.



  Act 7, Session Laws 2006, amended this section by adding
unlawful methamphetamine trafficking and manufacturing of a controlled
substance with a child present to the offenses that are subject to forfeiture. 
Act 7 clarified that the offenses were originally intended to be a part of the
Penal Code's section on forfeiture.  Senate Standing Committee Report No. 2559,
House Standing Committee Report No. 1115-06.



 



Case Notes



 



  Unless the offense is one of those enumerated in paragraphs
(b) through (d), the offense must "specifically authorize forfeiture"
as required by paragraph (a) in order to render the taking of the property
lawful; thus, where neither Hawaii administrative rule §13-95-70 nor §13-95-71
specifically authorized forfeiture, appellate court erred in vacating circuit
court's orders and judgments regarding forfeiture of boat.  119 H. 245, 195
P.3d 1177.