STAND. COM. REP. NO.  1478

 

Honolulu, Hawaii

                , 2019

 

RE:   S.B. No. 1464

      S.D. 2

 

 

 

 

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary, to which was referred S.B. No. 1464, S.D. 2, entitled:

 

"A BILL FOR AN ACT RELATING TO JUDICIAL PROCEEDINGS,"

 

begs leave to report as follows:

 

     The purpose of this measure is to support the public in preparing, filing, defending, and adjudicating assisted community treatment petitions, related guardianship petitions, and other legal filings.  Specifically, this measure appropriates funds for:

 

     (1)  Two Deputy Attorney General positions;

 

     (2)  A family court judge in the First Circuit; and

 

     (3)  A social worker in the Office of the Public Guardian.

 

     The Judiciary, Councilmember representing District 9 of the City and County of Honolulu, Partners in Care, The Institute for Human Services, HOPE Services Hawaii, Chinatown Business & Community Association, and an individual testified in support of S.B. No. 1464, S.D. 2, as received by your Committee.

 

     For the purposes of a public hearing on this bill, your Committee circulated a Proposed S.B. No. 1464, H.D. 1 (Proposed Draft), and notified the public that it would be accepting testimony on the Proposed Draft, which:

 

     (1)  Requires a felony offense conviction before any civil asset forfeiture proceeding; and

 

     (2)  Redistributes the proceeds of the sale of forfeited property to the Hawaii Law Enforcement Assisted Diversion program and the State's general fund.

 

The Drug Policy Forum of Hawaii testified in support of the Proposed Draft.  The Department of Land and Natural Resources, City and County of Honolulu Department of the Prosecuting Attorney, and Hawaii Police Department testified in opposition to the Proposed Draft.  The Department of the Attorney General provided comments.

 

     Your Committee considered the merits of both S.B. No. 1464, S.D. 2, as received by your Committee, and the Proposed Draft, and upon careful consideration, decided not to adopt the Proposed Draft.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1464, S.D. 2, and recommends that it pass Second Reading and be referred to your Committee on Finance.

 

 

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

 

 

 

____________________________

CHRIS LEE, Chair