S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8063
 
                             I N  S E N A T E
 
                              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:
 
   Section 1. Section 858 of the judiciary law, as added by a chapter  of
 the  laws  of  2023  amending the judiciary law relating to enacting the
 "hope card act", as proposed in legislative bills numbers S. 5935 and A.
 5040, is amended to read as follows:
   § 858. Hope cards. 1. As used in this section, "hope card" shall  mean
 [a  laminated  and  wallet-sized card that contains information about an
 order of protection] EITHER:
   (A) A DIGITAL IMAGE OF THE FINAL ORDER  OF  PROTECTION  AS  ISSUED  IN
 COURT,  DELIVERED  VIA  TEXT MESSAGE, EMAIL OR OTHER ELECTRONIC COMMUNI-
 CATION; OR
   (B) A DURABLE, WALLET-SIZED PHYSICAL CARD THAT CONTAINS A  SUMMARY  OF
 INFORMATION ABOUT A FINAL ORDER OF PROTECTION.
   2. The office of court administration shall develop a program to issue
 a  hope card to [a petitioner that has been granted] ANY PARTY PROTECTED
 BY a final order of protection. The program shall allow [for petitioners
 the ability] PROTECTED PARTIES to request a hope  card  at  the  time  a
 final order of protection has been issued while in court, and the abili-
 ty to apply at a later date. A HOPE CARD SHALL BE PROVIDED AT NO COST TO
 A  PROTECTED  PARTY.  FOR THE PURPOSES OF DETERMINING WHETHER REASONABLE
 CAUSE FOR AN ARREST EXISTS UNDER PARAGRAPH (B) OF  SUBDIVISION  FOUR  OF
 SECTION 140.10 OF THE CRIMINAL PROCEDURE LAW, A HOPE CARD SHALL HAVE THE
 SAME EFFECT AS A COPY OF AN UNDERLYING ORDER OF PROTECTION IN INDICATING
 THE PRIOR ISSUANCE OF SUCH AN ORDER.
   3. [A hope card shall be provided at no cost to a requesting petition-
 er;  and  shall contain information about the respondent, as well as any
 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

 under such order of protection, in  addition  to  the  petitioner.  Hope
 cards  shall  have the same effect of a paper order of protection issued
 by the courts, and have the same validity contained therein.  No  limits
 shall be imposed on the number of hope cards a petitioner may request.
   4.]  THE  WALLET-SIZED,  PHYSICAL HOPE CARD SHALL CONTAIN A SUMMARY OF
 THE ORDER OF PROTECTION, INCLUDING:
   (A) THE NAME AND DATE OF BIRTH OF THE PRIMARY PROTECTED PARTY AND  ANY
 OTHER PROTECTED PARTIES;
   (B) THE NAME AND DATE OF BIRTH OF THE INDIVIDUAL RESTRAINED;
   (C) THE ISSUING COURT AND JUDGE;
   (D)  THE  DOCKET  OR  DOCKETS,  CASE  OR CASES OR INDICTMENT NUMBER OR
 INDICTMENT NUMBERS FOR THE RELEVANT CASE OR CASES, AND THE  FINAL  ORDER
 NUMBER; AND
   (E) THE DATE OF ISSUANCE AND EXPIRATION OF THE FINAL ORDER.
   4. ANY PROTECTED PARTY MAY ELECT TO RECEIVE A HOPE CARD:
   (A)  IN DIGITAL FORM, DELIVERED VIA TEXT MESSAGE, EMAIL OR OTHER ELEC-
 TRONIC COMMUNICATION;
   (B) IN PHYSICAL FORM, PRINTED ON A DURABLE, WALLET-SIZED CARD; OR
   (C) BOTH.
   5. Applications for hope cards shall be made accessible in  an  online
 portal  developed  and maintained by the office of court administration,
 as well as a paper form to be made available at any court with jurisdic-
 tion to issue an order of protection.
   § 2. Section 3 of a chapter of the laws of 2023 amending the judiciary
 law relating to enacting the "hope card act", as proposed in legislative
 bills numbers S. 5935 and A. 5040, is amended to read as follows:
   § 3. This act shall take effect [on the one hundred eightieth day] ONE
 YEAR after it shall have become a law. [Effective immediately the  addi-
 tion,  amendment  and/or  repeal of any rule or regulation necessary for
 the  implementation of this act on its effective date are authorized  to
 be made and completed on or before such date.]
   §  3.  This act shall take effect immediately; provided, however, that
 section one of this act shall take effect on the same date  and  in  the
 same  manner as a chapter of the laws of 2023 amending the judiciary law
 relating to enacting the "hope card act",  as  proposed  in  legislative
 bills numbers S. 5935 and A. 5040, takes effect.