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Hawaii Revised Statutes Division 5. Crimes and Criminal Proceedings § 712A-5.5

Current as of January 01, 2022 | Updated by FindLaw Staff

<This section is suspended through the disaster emergency relief period. See Executive Order No. 20-01 (2019 HI EO P20-33) signed on March 23, 2020, and executive actions issued subsequent thereto.>

The court shall limit the scope of a forfeiture judgment issued pursuant to section [712A-5(1)(b)] to the extent the court finds the effect of the forfeiture is grossly disproportionate to the nature and severity of the owner's conduct. In determining whether a forfeiture is grossly disproportionate, the court may consider:

(1) The degree to which the property was used to facilitate the conduct that subjects property to forfeiture and the importance of the property to the conduct;

(2) The gain received or expected by an owner from the conduct that subjects property to forfeiture and the value of the property subject to forfeiture;

(3) The nature and extent of the owner's culpability; and

(4) The owner's effort to prevent the conduct or assist in prosecution.

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Cite this article: FindLaw.com - Hawaii Revised Statutes Division 5. Crimes and Criminal Proceedings § 712A-5.5 - last updated January 01, 2022 | https://codes.findlaw.com/hi/division-5-crimes-and-criminal-proceedings/hi-rev-st-sect-712a-5-5/

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