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Mon Feb 18, 2013, 01:50 PM

Bill Would Extend Forfeiture Actions to Petty Misdemeanors .... Hawaii

http://bigislandnow.com/2013/02/15/bill-would-extend-forfeiture-actions-to-petty-misdemeanors/
Bill Would Extend Forfeiture Actions to Petty Misdemeanors

A bill labelled “Draconian” by the county’s prosecuting attorney because it could result in government seizure of land for crimes such as harassment is being considered by the state Senate.
Senate Bill 1342 adds petty misdemeanors to the list of crimes that could trigger asset forfeiture, and also removes the current requirement that a felony offense is necessary for the seizure of real property.
“I think in this instance (the bill) would be a bit Draconian,” Roth said.
The bill on Thursday passed the second of three required readings and was referred to the Senate Committee on Judiciary and Labor. That committee’s chairman. Sen. Clayton Hee, has not yet scheduled it for a hearing.
On Tuesday it was unanimously approved, without changes, by the Senate Committee on Water and Land.
The American Civil Liberties Union of Hawaii submitted testimony against the bill, saying it would unfairly target certain groups such as protestors, street performers and the homeless.
“S.B. 1342 expands asset forfeiture to petty misdemeanors, which means that individuals who commit minor crimes, such as trespassing on private property or staying in a park after hours, are subject to asset forfeiture,” said Laurie Temple, a staff attorney and legislative program director for the ACLU of Hawaii.

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Reply Bill Would Extend Forfeiture Actions to Petty Misdemeanors .... Hawaii (Original post)
Bandit Feb 2013 OP
IDemo Feb 2013 #1
KamaAina Feb 2013 #2
GiaGiovanni Feb 2013 #3
surrealAmerican Feb 2013 #4
groundloop Feb 2013 #5
MadHound Feb 2013 #6

Response to Bandit (Original post)

Mon Feb 18, 2013, 01:52 PM

1. "a bit Draconian"?

Is Draconian a mob family name?

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Response to Bandit (Original post)

Mon Feb 18, 2013, 01:56 PM

2. Hawai'i's war on the homeless and (de)Occupy continues

Yes, they still have a (de)Occupation. If you're out there, it's on S. Beretania St. across the Art Museum.

So far they've been able to outwit the city and county's attempts at seizure by swapping tents out daily onto private property.

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Response to Bandit (Original post)

Mon Feb 18, 2013, 01:58 PM

3. What good are property rights if they can be taken away for frivolous reasons?

 

That, of course, may be the point.

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Response to Bandit (Original post)

Mon Feb 18, 2013, 02:25 PM

4. Will this apply to corporations?

If, say, an oil company is convicted for polluting, will the state be seizing their assets?

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Response to surrealAmerican (Reply #4)

Mon Feb 18, 2013, 03:24 PM

5. Of course not.... Corporations are only people when it's to their advantage

Otherwise they're protected from such things.


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Response to Bandit (Original post)

Mon Feb 18, 2013, 03:30 PM

6. Get ready, this is coming to a state near you.

 

This has been the goal of forfeiture laws along. Originally designed to punish major drug dealers, it was worked its way into all sorts of other crimes. Now, in some areas, you are discovered with a seed in your car it can be seized. Felonies of all sorts are now getting forfeiture clauses attached. Now comes the misdemeanors.

Just goes to show you that police and prosecution in this country is nothing but a racket.

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