Hawaii-2014-HB1839-Introduced

SECTION 1. Chapter 28, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . Hawaii hope card program

§28-A Hawaii hope card program. (a) There is established within the department of the attorney general a program to be known as the Hawaii hope card program, which shall be responsible for issuing hope cards to holders of a long term protective order to allow law enforcement to quickly verify the existence of the long term protective order and easily obtain information regarding the long term protective order.

(b) The department of the attorney general shall employ, without regard to chapter 76, a coordinator and an assistant to the coordinator and other personnel as necessary to promote the effective and efficient conduct of the Hawaii hope card program's activities.

(c) A hope card may be requested by any person who has been granted a long term protective order by submitting an application to the department of the attorney general in a form prescribed by the department of the attorney general. Upon determining that the long term protective order upon which the application is based is valid, the department of the attorney general shall issue the applicant a hope card; provided that more than one hope card may be issued to the applicant as necessary, including:

(1) For the applicant to provide the hope card to a school or employer;

(2) To enable use of the hope card by any child or other individual covered by the long term protective order; or

(3) For the applicant to provide the hope card to the school, day care program, or other similar entity of a child or other individual covered by the long term protective order.

(d) A hope card shall be a laminated card, similar in size and shape to a credit card, and shall display a color photograph of the person to be restrained by the long term protective order, if available, and contain essential information about the long term protective order, including:

(1) Identifying characteristics of the person to be restrained, including name, date of birth, sex, race, eye and hair color, height, weight, and any distinguishing features such as scars or tattoos;

(2) The case number and the issuing court of the long term protective order;

(3) The issue and expiration date of the long term protective order;

(4) The terms of the long term protective order;

(5) A website and Hawaii phone number by which law enforcement personnel can access the Hawaii hope card program database to verify the information on the hope card;

(6) Identifying characteristics of the applicant, including name, date of birth, sex, race, eye and hair color, height, and weight; and

(7) The names and birth dates of any children or other individuals who are also protected by the long term protective order.

(e) The department of the attorney general may charge a fee for each hope card that is issued, not to exceed dollars per card. All moneys from the fee shall be deposited in the Hawaii hope card program special fund established pursuant to section 28-C.

(f) For the purposes of this part, "long term protective order" shall mean an order granted for more than ninety days under section 604-10.5, or an order granted for more than one hundred eighty days under chapter 586.

§28-B Access to Hawaii hope card program information; verification. (a) The department of the attorney general shall maintain a database of all hope cards issued by the Hawaii hope card program and their related long term protective orders law enforcement personnel may access the database to verify the existence and scope of a long term

protective order.

(b) Access to the database shall be provided twenty-four hours a day for the duration of the long term protective order by internet and telephone for which the department of the attorney general shall maintain a Hawaii phone number; provided that the identity of the applicant shall not be listed where the long term protective order has been obtained under section 604-10.5(e).

(c) Public access authorized by this section may be provided in coordination with the Hawaii criminal justice data center established under chapter 846.

§28-C Hawaii hope card program special fund. (a) There is established in the state treasury the Hawaii hope card program special fund, into which shall be deposited the following moneys:

(1) All fees collected by the department of the attorney general for the purposes of carrying out this part;

(2) Appropriations by the legislature to the special fund; and

(3) Gifts, donations, and grants from public agencies and private persons.

(b) The Hawaii hope card program special fund shall be administered by the department of the attorney general and shall be used for administering and operating the Hawaii hope card program.

(1) For long term and temporary staff positions;

(2) To cover materials and equipment necessary to produce hope cards;

(3) To cover expenses incurred in maintaining internet and twenty-four telephone access;

(4) To produce public information materials; and

(5) To cover all other administrative and operational costs of the Hawaii hope card program.

(d) The department of the attorney general shall submit a report to the legislature no later than twenty days prior to the convening of each regular session to provide an accounting of the receipts and expenditures of the fund."

SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2014-2015, to be deposited into the Hawaii hope card program special fund.

SECTION 3. There is appropriated out of the Hawaii hope card program special fund the sum of $ or so much thereof as may be necessary for fiscal year 2014-2015, for the department of the attorney general to administer the Hawaii hope card program.

The sums appropriated shall be expended by the department of the attorney general for the purposes of this Act.

SECTION 4. The department of the attorney general shall develop and implement the Hawaii hope card program established by section 1 of this Act no later than January 1, 2015.

SECTION 5. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 6. This Act shall take effect on July 1, 2014.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1839
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII