Bill > SB691

This bill establishes a minimum age of twelve for juvenile delinquency adjudication in Hawaii, addressing what the legislature identifies as a gap in the United States' approach to juvenile justice. The bill amends several sections of Hawaii's Revised Statutes to ensure that children under twelve cannot be formally processed through the juvenile court system for alleged law violations. The legislature acknowledges that young children lack the mental capacity (mens rea) to form criminal intent and should instead receive supportive services and treatment when they engage in problematic behavior. Specifically, the bill modifies court jurisdiction rules to explicitly state that children under twelve cannot be the subject of delinquency petitions, and removes a previous requirement for psychological evaluations of children under twelve in such proceedings. The bill aligns with international standards, particularly the United Nations Convention on the Rights of the Child, which calls for establishing a minimum age of criminal responsibility. By setting twelve as the minimum age for court involvement in alleged law violations, the legislation aims to protect young children from formal legal proceedings while still providing mechanisms to address their behavioral needs through alternative supportive interventions.

Health and Social Services, Housing and Urban Affairs, Justice

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=691&year=2025