Amd §858, Judy L; amd §3, Chap of 2023 (as proposed in S.5935 & A.5040)
Relates to the "hope card act" to provide that any protected party of a final order of protection shall be provided either a digital image of the final order of protection as issued in court, delivered via text message, email or other electronic communication; or a durable, wallet-sized physical card that contains a summary of information about a final order of protection; makes related provisions.
STATE OF NEW YORK
________________________________________________________________________
8063
IN SENATE
January 5, 2024
___________
Introduced by Sen. CLEARE -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the judiciary law, in relation to hope cards and to
amend a chapter of the laws of 2023 amending the judiciary law relat-
ing to enacting the "hope card act", as proposed in legislative bills
numbers S. 5935 and A. 5040, in relation to the effectiveness thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 858 of the judiciary law, as added by a chapter of
2 the laws of 2023 amending the judiciary law relating to enacting the
3 "hope card act", as proposed in legislative bills numbers S. 5935 and A.
4 5040, is amended to read as follows:
5 § 858. Hope cards. 1. As used in this section, "hope card" shall mean
6 [a laminated and wallet-sized card that contains information about an
7 order of protection] either:
8 (a) a digital image of the final order of protection as issued in
9 court, delivered via text message, email or other electronic communi-
10 cation; or
11 (b) a durable, wallet-sized physical card that contains a summary of
12 information about a final order of protection.
13 2. The office of court administration shall develop a program to issue
14 a hope card to [a petitioner that has been granted] any party protected
15 by a final order of protection. The program shall allow [for petitioners
16 the ability] protected parties to request a hope card at the time a
17 final order of protection has been issued while in court, and the abili-
18 ty to apply at a later date. A hope card shall be provided at no cost to
19 a protected party. For the purposes of determining whether reasonable
20 cause for an arrest exists under paragraph (b) of subdivision four of
21 section 140.10 of the criminal procedure law, a hope card shall have the
22 same effect as a copy of an underlying order of protection in indicating
23 the prior issuance of such an order.
24 3. [A hope card shall be provided at no cost to a requesting petition-
25 er; and shall contain information about the respondent, as well as any
26 information regarding any other individuals or companion animals covered
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08437-02-4
S. 8063 2
1 under such order of protection, in addition to the petitioner. Hope
2 cards shall have the same effect of a paper order of protection issued
3 by the courts, and have the same validity contained therein. No limits
4 shall be imposed on the number of hope cards a petitioner may request.
5 4.] The wallet-sized, physical hope card shall contain a summary of
6 the order of protection, including:
7 (a) the name and date of birth of the primary protected party and any
8 other protected parties;
9 (b) the name and date of birth of the individual restrained;
10 (c) the issuing court and judge;
11 (d) the docket or dockets, case or cases or indictment number or
12 indictment numbers for the relevant case or cases, and the final order
13 number; and
14 (e) the date of issuance and expiration of the final order.
15 4. Any protected party may elect to receive a hope card:
16 (a) in digital form, delivered via text message, email or other elec-
17 tronic communication;
18 (b) in physical form, printed on a durable, wallet-sized card; or
19 (c) both.
20 5. Applications for hope cards shall be made accessible in an online
21 portal developed and maintained by the office of court administration,
22 as well as a paper form to be made available at any court with jurisdic-
23 tion to issue an order of protection.
24 § 2. Section 3 of a chapter of the laws of 2023 amending the judiciary
25 law relating to enacting the "hope card act", as proposed in legislative
26 bills numbers S. 5935 and A. 5040, is amended to read as follows:
27 § 3. This act shall take effect [on the one hundred eightieth day] one
28 year after it shall have become a law. [Effective immediately the addi-
29 tion, amendment and/or repeal of any rule or regulation necessary for
30 the implementation of this act on its effective date are authorized to
31 be made and completed on or before such date.]
32 § 3. This act shall take effect immediately; provided, however, that
33 section one of this act shall take effect on the same date and in the
34 same manner as a chapter of the laws of 2023 amending the judiciary law
35 relating to enacting the "hope card act", as proposed in legislative
36 bills numbers S. 5935 and A. 5040, takes effect.
