STAND. COM. REP. NO. 2195

Honolulu, Hawaii

RE: S.B. No. 2108

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committee on Health and Human Services, to which was referred S.B. No. 2108 entitled:

"A BILL FOR AN ACT RELATING TO JURISDICTION,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Amend the factors a family court is required to consider in deciding whether the court may waive jurisdiction over a minor or adult held for criminal proceedings;

(2) Preserve the family court's jurisdiction over a minor transferred for criminal proceedings for subsequent acts that would otherwise be within the family court's jurisdiction; and

(3) Require the family court to retain jurisdiction over a minor 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 commission of the alleged offense.

Your Committee received testimony in support of this measure from the Office of Hawaiian Affairs, Office of the Public Defender, and Human Rights for Kids.

Your Committee received comments on this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu.

Your Committee finds that in a vast majority of cases, children who come into conflict with the law are contending with early childhood trauma and unmitigated adverse childhood experience. Your Committee further finds that the inclusion of adverse childhood experiences, childhood trauma, sexual abuse, mental health history, and other related factors is important for a family court to consider when determining the appropriateness of a waiver of jurisdiction. This measure ensures that the family court has the necessary context to make decisions that are aligned with the best interests of youth and public safety.

Your Committee has amended this measure by deleting language that would have required the family court to order a minor to be held for criminal proceedings within its jurisdiction 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 commission of the alleged offense.

As affirmed by the record of votes of the members of your Committee on Health and Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2108, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2108, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Health and Human Services,

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JOY A. SAN BUENAVENTURA, Chair