HRS §712A-5.5
When a forfeiture is too much, the court can reduce it
This section lets a court reduce a forfeiture if it is grossly out of line with the owner's conduct. The court looks at how the property was used, the owner's gain, the owner's fault, and any efforts to stop the crime or help prosecution. It only applies to property used to commit a crime, not to property that is the crime's proceeds.
courts
The statute, as written — Excessive forfeitures
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. [L 1996, c 104, §2] COMMENTARY ON §712A-5.5 Act 104, Session Laws 1996, added this section which specifies the criteria that the court may consider in determining whether a forfeiture is grossly disproportionate to the nature and severity of the owner's conduct. The section applies only to forfeitures instituted under §712A-5(1)(b) dealing with property used to facilitate an offense or an instrumentality used in an offense. If property were the derivatives or the proceeds of an offense, the property would be tainted and consequently would be forfeited. House Standing Committee Report No. 409-96.
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