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GM 1254

Informing the Legislature that on June 25, 2026, the Governor signed the following bill into law: SB2108 SD1 HD2 CD1 (ACT 153).

2026 Regular Session

The bill narrows when youth cases can be waived to adult court and preserves family court jurisdiction for trafficking, sexual abuse, or rape cases.

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Bill Summary · GM 1254

Summary of Bill: SB2108 CD1 (Act 153) – Jurisdiction

Purpose and intent

  • This act revises Hawaii’s juvenile justice framework to address why some youths are prosecuted as adults and to support meaningful decisions about jurisdiction.
  • It emphasizes the impact of trauma, abuse, neglect, and trafficking on youths and aims to:
    • Narrow the circumstances under which the family court may waive jurisdiction.
    • Preserve the family court’s jurisdiction for certain subsequent offenses.
    • Require retention of jurisdiction in cases involving trafficking, sexual abuse, or rape by the alleged victim.

Key provisions and changes

  1. Amendment of waiver factors (Section 1 and 2)

    • The statute updates the criteria the family court must consider when deciding whether to waive a minor’s jurisdiction in criminal proceedings.
    • New or emphasized factors include the minor’s exposure to adverse childhood experiences, trauma, involvement with child welfare or foster care, and status as a victim of human trafficking or sexual abuse.
    • The court must assess the minor’s home and environmental context (e.g., family history, prior contacts with the court or law enforcement, prior commitments to juvenile institutions) in light of trauma and victimization.
    • The factors listed for both waivers under subsections (a) and (b) include:
      • Seriousness and nature of the offense, especially if personal injury occurred.
      • The degree of premeditation or violence.
      • The involvement and influence of co-defendants or adults.
      • The minor’s mental, emotional, or physical disabilities and the availability of appropriate treatment.
      • The minor’s age, maturity, and potential for rehabilitation.
      • Public safety considerations and the adequacy of current services and facilities.
      • The minor’s history with trauma, foster care, and victimization (including human trafficking or sexual abuse).

  2. Retention for trafficking/abuse cases (Section 2, subsection (l))

    • If the court finds by clear and convincing evidence that the minor was trafficked, sexually abused, or raped by the alleged victim in the case before or during the alleged offense, the court must retain jurisdiction and may not waive jurisdiction.

  3. Additional waiver criteria (Section 2, subsection (d))

    • This section adds or clarifies circumstances under which jurisdiction may be waived for more serious offenses (e.g., murder or attempted murder) and still considers whether the minor is committable to institutions for the mentally ill or intellectually disabled.

  4. Procedural notes (Section 2, subsections (g)-(i))

    • Transfers and certifications between courts remain available to ensure the minor is heard in the appropriate jurisdiction, including cross-circuit transfers and certification to the minor’s home circuit where appropriate.
    • In cases where jurisdiction is waived for one offense, related charges arising from the same episode may also be waived if appropriate.

  5. Effect on existing rights and cases (Section 3)

    • The act does not alter rights and duties that matured or penalties incurred before its effective date.

  6. Effective date (Section 5)

    • The act takes effect upon approval (June 25, 2026).

Who is affected

  • Minors and their families involved in criminal proceedings in Hawaii.
  • Family court judges and prosecutors who determine waivers of jurisdiction.
  • Juvenile justice practitioners, including attorneys, social workers, and court staff.
  • Agencies involved in child welfare, foster care, and trafficking/sexual abuse victims’ services.

Procedural and timeline aspects

  • Effective date: June 25, 2026 (Act 153).
  • The act directs consideration of trauma-informed factors at the waiver decision point and reinforces retention when trafficking or severe abuse is involved.
  • It maintains and clarifies existing cross-jurisdiction transfer mechanisms to place minors in the appropriate court.

Overall impact

  • The bill prioritizes trauma-informed decision-making in juvenile justice.
  • It narrows the pathways to transferring youths to adult criminal proceedings by strengthening the factors and conditions under which waivers may be granted.
  • It strengthens protections for minors who have been trafficked or sexually abused by retaining family court jurisdiction.

Compiled from official sources — confirm details with the bill’s official record.

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