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HI SB2108
Bill
Status
3/10/2026
Primary Sponsor
Mike Gabbard
Click for details
AI Summary
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Amends Hawaii family court jurisdiction waiver factors to require consideration of whether adult co-defendants exerted undue influence on a minor's participation in an offense, replacing the previous factor favoring joint trials with adult associates.
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Adds new mandatory factors for waiver decisions including the minor's exposure to adverse childhood experiences, childhood trauma, child welfare or foster care involvement, and status as a victim of human trafficking, sexual abuse, or rape.
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Requires family courts to retain jurisdiction over minors when clear and convincing evidence shows the minor was trafficked, sexually abused, or raped by the alleged victim before or during the alleged offense.
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Removes the provision that automatically terminated family court jurisdiction over a minor for subsequent acts once transferred for criminal proceedings, preserving family court jurisdiction for future offenses.
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Cites research showing over 70% of children tried as adults experienced emotional and physical abuse, 45% were sexually abused, and approximately one-third were human trafficking victims.
Legislative Description
Relating To Jurisdiction.
Jurisdiction
Last Action
Referred to HSH, JHA, referral sheet 17
3/12/2026