SB 2108HawaiiProcess complete

Family court weighs trauma and abuse in minor transfer decisions

Family court considers a minor’s trauma and other circumstances when weighing transfer, and keeps jurisdiction when it finds the alleged victim abused or trafficked the minor.

What it does

When deciding whether to send a minor’s case to criminal court, family court considers trauma, abuse, foster care, disability, and whether adult co-defendants pressured the minor.

Family court must keep a minor’s case if it finds clear and convincing evidence that the alleged victim trafficked, sexually abused, or raped the minor before or during the alleged offense.

A minor transferred for criminal proceedings remains under family court jurisdiction for later acts that would otherwise be handled there.

Argument forJudges can consider trauma, abuse, foster care, and pressure from adult co-defendants, which may help them weigh a minor’s circumstances in transfer decisions.

Argument againstA minor who was abused by the alleged victim cannot be transferred to criminal court, even for a serious charge, which may limit the court’s options in those cases.

More detail

Family court considers a minor’s trauma, abuse, foster care, disability, and pressure from adult co-defendants when deciding whether to transfer a case. These factors apply when family court considers waiving jurisdiction over a minor accused of an act committed during the minor’s youth. The court also considers the alleged offense, the minor’s maturity and history, public safety, and prospects for rehabilitation.

Family court must retain jurisdiction if it makes the required finding that the minor was abused by the alleged victim. This applies to a minor whose case is before family court. The court must find by clear and convincing evidence that the alleged victim trafficked, sexually abused, or raped the minor before or during the alleged offense.

A transfer to criminal proceedings does not end family court jurisdiction over later acts that would otherwise fall within its jurisdiction. This concerns later acts by a minor transferred for criminal proceedings that would otherwise be within family court jurisdiction.

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More on this bill

Where it stands

IntroducedJan 14
Passed SenateMar 10
Passed HouseApr 14
To GovernorMay 8
Became LawJun 26

Looking ahead

No hearings or votes scheduled.

History

2026
1. Jun 26Act 153, 06/25/2026 (Gov. Msg. No. 1254).Latest
2. Jun 26Act 153, on 06/25/2026 (Gov. Msg. No. 1254).Became Law
3. May 8Received notice of passage on Final Reading in House (Hse. Com. No. 888).Minor
4. May 8Enrolled to Governor.To Governor
5. May 6Passed Final Reading, as amended (CD 1). Ayes, 25; Aye(s) with reservations: none . 0 No(es): none. 0 Excused: none.Major
  - Vote recorded Passed Final Reading as amended in CD 1. Result: pass.Lower
6. May 6Passed Final Reading as amended in CD 1 with none voting aye with reservations; none voting no (0) and none excused (0).Major
7. May 6Received notice of Final Reading (Sen. Com. No. 816).Minor
8. Apr 29Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 58-26).
9. Apr 2948 Hrs. Notice (as amended CD 1) 05-06-26.
10. Apr 29Reported from Conference Committee (Conf Com. Rep. No. 58-26) as amended in (CD 1).
11. Apr 29Forty-eight (48) hours notice Wednesday, 05-06-26.
12. Apr 28The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 3 Aye(s): Senator(s) San Buenaventura, Rhoads, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.Minor
  - Vote recorded The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. Result: pass.Upper
  - Vote recorded The Conference Committee recommends that the measure be Passed, with Amendments. Result: pass.Lower
13. Apr 28The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 5 Ayes: Representative(s) Marten, Tarnas, Hartsfield, Olds, Garcia; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none.Minor
14. Apr 27Senate Conferees Appointed: San Buenaventura Chair; Rhoads Co-Chair; Fevella.
15. Apr 27Received notice of Senate conferees (Sen. Com. No. 779).Minor
16. Apr 27Bill scheduled for Conference Committee Meeting on Tuesday, 04-28-26 2:30PM in conference room 329.
17. Apr 23Received notice of appointment of House conferees (Hse. Com. No. 811).Minor
18. Apr 22House Conferees Appointed: Marten, Tarnas Co-Chairs; Hartsfield, Olds, Garcia.
19. Apr 16Received from House (Hse. Com. No. 624).Minor
20. Apr 16Senate disagrees with House amendments.Minor
21. Apr 16Received notice of disagreement (Sen. Com. No. 710).Minor
22. Apr 14Passed Third Reading as amended in HD 2 with none voting aye with reservations; none voting no (0) and none excused (0). Transmitted to Senate.Passed House
  - Vote recorded Passed Third Reading as amended in HD 2. Result: pass.Lower
23. Apr 10Deferred one day 04-14-26.Minor
24. Apr 8Reported from JHA (Stand. Com. Rep. No. 1833-26) as amended in HD 2, recommending passage on Third Reading.
25. Apr 8Forty-eight (48) hours notice Friday, 04-10-26.
26. Apr 1The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Kahaloa, Takayama, Cochran, Garcia, Shimizu; Ayes with reservations: none; Noes: none; and 2 Excused: Representative(s) Hashem, Sayama.Minor
  - Vote recorded The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. Result: pass.Lower
27. Mar 30Bill scheduled to be heard by JHA on Wednesday, 04-01-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE.
28. Mar 25Reported from HSH (Stand. Com. Rep. No. 1403-26) as amended in HD 1, recommending passage on Second Reading and referral to JHA.
  - Vote recorded Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA. Result: pass.Lower
29. Mar 25Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; none voting no (0) and Representative(s) Matsumoto, Perruso excused (2).Minor
30. Mar 19The committee on HSH recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Marten, Olds, Amato, Hartsfield, Keohokapu-Lee Loy, Takayama, Takenouchi, Alcos, Garcia; Ayes with reservations: none; Noes: none; and Excused: none.Minor
  - Vote recorded The committee on HSH recommend that the measure be PASSED, WITH AMENDMENTS. Result: pass.Lower
31. Mar 17Bill scheduled to be heard by HSH on Thursday, 03-19-26 9:30AM in House conference room 329 VIA VIDEOCONFERENCE.
32. Mar 12Pass First ReadingMinor
33. Mar 12Referred to HSH, JHA, referral sheet 17Minor
34. Mar 10Report adopted; Passed Third Reading. Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House.Passed Senate
  - Vote recorded Report adopted; Passed Third Reading. Result: pass.Upper
35. Mar 10Received from Senate (Sen. Com. No. 171) in amended form (SD 1).Minor
36. Mar 6Reported from JDC (Stand. Com. Rep. No. 2980) with recommendation of passage on Third Reading.
37. Mar 6One Day Notice 03-10-26.
38. Feb 27The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED. The votes in JDC were as follows: 4 Aye(s): Senator(s) Rhoads, Gabbard, Chang, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) San Buenaventura.Minor
  - Vote recorded The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED. Result: pass.Upper
39. Feb 23The committee(s) on JDC will hold a public decision making on 02-27-26 10:30AM; Conference Room 016 & Videoconference.
40. Feb 11Reported from HHS (Stand. Com. Rep. No. 2195) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC.
41. Feb 11Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC.Minor
42. Feb 2The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in HHS were as follows: 5 Aye(s): Senator(s) San Buenaventura, McKelvey, Kanuha, Keohokalole, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.Minor
  - Vote recorded The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS. Result: pass.Upper
43. Jan 30The committee(s) on HHS has scheduled a public hearing on 02-02-26 1:05PM; Conference Room 225 & Videoconference.
44. Jan 22Referred to HHS, JDC.Minor
45. Jan 21Introduced and passed First Reading.Minor
46. Jan 14Pending Introduction.Introduced

Criminal JusticeMental Health

Issue with this bill?

SB 2108HawaiiProcess complete

Family court weighs trauma and abuse in minor transfer decisions

Family court considers a minor’s trauma and other circumstances when weighing transfer, and keeps jurisdiction when it finds the alleged victim abused or trafficked the minor.

What it does

When deciding whether to send a minor’s case to criminal court, family court considers trauma, abuse, foster care, disability, and whether adult co-defendants pressured the minor.

Family court must keep a minor’s case if it finds clear and convincing evidence that the alleged victim trafficked, sexually abused, or raped the minor before or during the alleged offense.

A minor transferred for criminal proceedings remains under family court jurisdiction for later acts that would otherwise be handled there.

Argument forJudges can consider trauma, abuse, foster care, and pressure from adult co-defendants, which may help them weigh a minor’s circumstances in transfer decisions.

Argument againstA minor who was abused by the alleged victim cannot be transferred to criminal court, even for a serious charge, which may limit the court’s options in those cases.

More detail

Where do you stand?

Tell your reps

Take a position to see your representatives and ways to contact them.

More on this bill

Where it stands

IntroducedJan 14
Passed SenateMar 10
Passed HouseApr 14
To GovernorMay 8
Became LawJun 26

Looking ahead

No hearings or votes scheduled.

History

2026
1. Jun 26Act 153, 06/25/2026 (Gov. Msg. No. 1254).Latest
2. Jun 26Act 153, on 06/25/2026 (Gov. Msg. No. 1254).Became Law
3. May 8Received notice of passage on Final Reading in House (Hse. Com. No. 888).Minor
4. May 8Enrolled to Governor.To Governor
5. May 6Passed Final Reading, as amended (CD 1). Ayes, 25; Aye(s) with reservations: none . 0 No(es): none. 0 Excused: none.Major
  - Vote recorded Passed Final Reading as amended in CD 1. Result: pass.Lower
6. May 6Passed Final Reading as amended in CD 1 with none voting aye with reservations; none voting no (0) and none excused (0).Major
7. May 6Received notice of Final Reading (Sen. Com. No. 816).Minor
8. Apr 29Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 58-26).
9. Apr 2948 Hrs. Notice (as amended CD 1) 05-06-26.
10. Apr 29Reported from Conference Committee (Conf Com. Rep. No. 58-26) as amended in (CD 1).
11. Apr 29Forty-eight (48) hours notice Wednesday, 05-06-26.
12. Apr 28The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 3 Aye(s): Senator(s) San Buenaventura, Rhoads, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.Minor
  - Vote recorded The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. Result: pass.Upper
  - Vote recorded The Conference Committee recommends that the measure be Passed, with Amendments. Result: pass.Lower
13. Apr 28The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 5 Ayes: Representative(s) Marten, Tarnas, Hartsfield, Olds, Garcia; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none.Minor
14. Apr 27Senate Conferees Appointed: San Buenaventura Chair; Rhoads Co-Chair; Fevella.
15. Apr 27Received notice of Senate conferees (Sen. Com. No. 779).Minor
16. Apr 27Bill scheduled for Conference Committee Meeting on Tuesday, 04-28-26 2:30PM in conference room 329.
17. Apr 23Received notice of appointment of House conferees (Hse. Com. No. 811).Minor
18. Apr 22House Conferees Appointed: Marten, Tarnas Co-Chairs; Hartsfield, Olds, Garcia.
19. Apr 16Received from House (Hse. Com. No. 624).Minor
20. Apr 16Senate disagrees with House amendments.Minor
21. Apr 16Received notice of disagreement (Sen. Com. No. 710).Minor
22. Apr 14Passed Third Reading as amended in HD 2 with none voting aye with reservations; none voting no (0) and none excused (0). Transmitted to Senate.Passed House
  - Vote recorded Passed Third Reading as amended in HD 2. Result: pass.Lower
23. Apr 10Deferred one day 04-14-26.Minor
24. Apr 8Reported from JHA (Stand. Com. Rep. No. 1833-26) as amended in HD 2, recommending passage on Third Reading.
25. Apr 8Forty-eight (48) hours notice Friday, 04-10-26.
26. Apr 1The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Kahaloa, Takayama, Cochran, Garcia, Shimizu; Ayes with reservations: none; Noes: none; and 2 Excused: Representative(s) Hashem, Sayama.Minor
  - Vote recorded The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. Result: pass.Lower
27. Mar 30Bill scheduled to be heard by JHA on Wednesday, 04-01-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE.
28. Mar 25Reported from HSH (Stand. Com. Rep. No. 1403-26) as amended in HD 1, recommending passage on Second Reading and referral to JHA.
  - Vote recorded Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA. Result: pass.Lower
29. Mar 25Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; none voting no (0) and Representative(s) Matsumoto, Perruso excused (2).Minor
30. Mar 19The committee on HSH recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Marten, Olds, Amato, Hartsfield, Keohokapu-Lee Loy, Takayama, Takenouchi, Alcos, Garcia; Ayes with reservations: none; Noes: none; and Excused: none.Minor
  - Vote recorded The committee on HSH recommend that the measure be PASSED, WITH AMENDMENTS. Result: pass.Lower
31. Mar 17Bill scheduled to be heard by HSH on Thursday, 03-19-26 9:30AM in House conference room 329 VIA VIDEOCONFERENCE.
32. Mar 12Pass First ReadingMinor
33. Mar 12Referred to HSH, JHA, referral sheet 17Minor
34. Mar 10Report adopted; Passed Third Reading. Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House.Passed Senate
  - Vote recorded Report adopted; Passed Third Reading. Result: pass.Upper
35. Mar 10Received from Senate (Sen. Com. No. 171) in amended form (SD 1).Minor
36. Mar 6Reported from JDC (Stand. Com. Rep. No. 2980) with recommendation of passage on Third Reading.
37. Mar 6One Day Notice 03-10-26.
38. Feb 27The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED. The votes in JDC were as follows: 4 Aye(s): Senator(s) Rhoads, Gabbard, Chang, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) San Buenaventura.Minor
  - Vote recorded The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED. Result: pass.Upper
39. Feb 23The committee(s) on JDC will hold a public decision making on 02-27-26 10:30AM; Conference Room 016 & Videoconference.
40. Feb 11Reported from HHS (Stand. Com. Rep. No. 2195) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC.
41. Feb 11Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC.Minor
42. Feb 2The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in HHS were as follows: 5 Aye(s): Senator(s) San Buenaventura, McKelvey, Kanuha, Keohokalole, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.Minor
  - Vote recorded The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS. Result: pass.Upper
43. Jan 30The committee(s) on HHS has scheduled a public hearing on 02-02-26 1:05PM; Conference Room 225 & Videoconference.
44. Jan 22Referred to HHS, JDC.Minor
45. Jan 21Introduced and passed First Reading.Minor
46. Jan 14Pending Introduction.Introduced

Criminal JusticeMental Health

Issue with this bill?

What it does

Where do you stand?

Choose your position

Tell your reps

More on this bill

Where it stands

Looking ahead

History

What it does

Where do you stand?

Choose your position

Tell your reps

More on this bill

Where it stands

Looking ahead

History