Haw. Rev. Stat. § 710-1001

Current through Act 47 of the 2024 Legislative Session

Section 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.

HRS § 710-1001

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.