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.