BILL NUMBER: S5935

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the judiciary law, in relation to enacting the "hope
card act"

 
PURPOSE:

This bill would require that the Office of Court Administration develop
a program for the issuance of "Hope Cards" to petitioners that have been
granted a final order of protection. Hope Cards will function as a
wallet-sized, laminated card that petitioners can carry with them, and
hold the same validity as a traditional paper order of protection. The
goal of the Hope Card program is to empower survivors of domestic
violence to more effectively enforce orders of protection.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill would set the title as the "Hope Card Act"

              

Section 2 of the bill would amend the judiciary law, and add a new arti-
cle 22-b, section 858

*Subdivisions 1 defines "Hope Card" as a laminated and wallet-sized card
that contains information about an order of protection

*Subdivision 2 requires that the Office of Court Administration develop
a program to issue Hope Cards to petitioners granted final orders of
protection, and establishes the standards of when Hope Cards can be
requested

*Subdivision 3 requires that Hope Cards be provided at no cost, and with
no limit on the number of cards a petitioner may request.  Requires that
Hope Cards contain relevant information about the respondent and
individuals/companion animals covered under the order of protection.
Sets forth that Hope Cards shall have the same validity of paper orders
of protection issued by courts.

*Subdivision 4 requires that applications for Hope Card shall be made
available online and in paper form at courts

Section 3 of the bill establishes the effective date.

 
JUSTIFICATION:

Five states across the U.S. have now implemented Hope Card programs,
with the most recent state to act being Illinois in 2021 (other states
include Indiana, Idaho, Montana, and Virginia). Domestic violence advo-
cates cite that currently in New York, survivors have no simple way to
assist in the enforcement of their orders of protection.

Long-form paper copies of orders of protection are difficult to carry
and can easily be damaged or lost. Allowing NYS to issue Hope Cards will
create a path for survivors to discretely and quickly share pertinent
details of an order of protection, with any party they choose to whether
neighbors, family members, school personnel, or co-workers.

These wallet-sized, laminated cards will have the same legal validity
and effectiveness of a traditional paper order of protection.

This program will also be required to issue Hope Cards to petitioners at
no cost, and with no cap on the number of cards that can be requested.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect 180 days after it shall have become a law.