Enacts the "hope card act" directing the office of court administration to develop a program to issue hope cards containing the information regarding and content of a final order of protection to requesting petitioners who have received final orders of protection at no cost to such petitioner.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5040
SPONSOR: Clark 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.
STATE OF NEW YORK
________________________________________________________________________
5040
2023-2024 Regular Sessions
IN ASSEMBLY
February 27, 2023
___________
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 enacting the "hope
card act"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "hope card act".
3 § 2. The judiciary law is amended by adding a new article 22-B to read
4 as follows:
5 ARTICLE 22-B
6 HOPE CARD ACT
7 Section 858. Hope cards.
8 § 858. Hope cards. 1. As used in this section, "hope card" shall mean
9 a laminated and wallet-sized card that contains information about an
10 order of protection.
11 2. The office of court administration shall develop a program to issue
12 a hope card to a petitioner that has been granted a final order of
13 protection. The program shall allow for petitioners the ability to
14 request a hope card at the time a final order of protection has been
15 issued while in court, and the ability to apply at a later date.
16 3. A hope card shall be provided at no cost to a requesting petition-
17 er; and shall contain information about the respondent, as well as any
18 information regarding any other individuals or companion animals covered
19 under such order of protection, in addition to the petitioner. Hope
20 cards shall have the same effect of a paper order of protection issued
21 by the courts, and have the same validity contained therein. No limits
22 shall be imposed on the number of hope cards a petitioner may request.
23 4. Applications for hope cards shall be made accessible in an online
24 portal developed and maintained by the office of court administration,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08437-01-3
A. 5040 2
1 as well as a paper form to be made available at any court with jurisdic-
2 tion to issue an order of protection.
3 § 3. This act shall take effect on the one hundred eightieth day after
4 it shall have become a law. Effective immediately the addition, amend-
5 ment and/or repeal of any rule or regulation necessary for the imple-
6 mentation of this act on its effective date are authorized to be made
7 and completed on or before such date.
