Bill Text: NY A08604 | 2023-2024 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2024-02-07 - signed chap.48 [A08604 Detail]

Download: New_York-2023-A08604-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8604

                   IN ASSEMBLY

                                    January 12, 2024
                                       ___________

        Introduced  by M. of A. CLARK -- read once and referred to the Committee
          on Judiciary

        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
        A. 8604                             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.