NY State Senate Bill S5935

Current Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (6)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 06, 2023	referred to ways and means delivered to assembly passed senate ordered to third reading cal.1645 committee discharged and committed to rules
Mar 23, 2023	referred to judiciary

Votes

Co-Sponsors

S5935 (ACTIVE) - Details

See Assembly Version of this Bill:: A5040
Law Section:: Judiciary Law
Laws Affected:: Add Art 22-B §858, Judy L

S5935 (ACTIVE) - Summary

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.

S5935 (ACTIVE) - Sponsor Memo

 
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.

S5935 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5935
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 23, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed 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:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "hope card act".
   § 2. The judiciary law is amended by adding a new article 22-B to read
 as follows:
                                ARTICLE 22-B
                               HOPE CARD ACT
 SECTION 858. HOPE CARDS.
   §  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.
   2. THE OFFICE OF COURT ADMINISTRATION SHALL DEVELOP A PROGRAM TO ISSUE
 A  HOPE  CARD  TO  A  PETITIONER  THAT HAS BEEN GRANTED A FINAL ORDER OF
 PROTECTION. THE PROGRAM SHALL  ALLOW  FOR  PETITIONERS  THE  ABILITY  TO
 REQUEST  A  HOPE  CARD  AT THE TIME A FINAL ORDER OF PROTECTION HAS BEEN
 ISSUED WHILE IN COURT, AND THE ABILITY TO APPLY AT A LATER DATE.
   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
 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.  APPLICATIONS  FOR HOPE CARDS SHALL BE MADE ACCESSIBLE IN AN ONLINE
 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
 S. 5935                             2

 
 AS WELL AS A PAPER FORM TO BE MADE AVAILABLE AT ANY COURT WITH JURISDIC-
 TION TO ISSUE AN ORDER OF PROTECTION.
   § 3. This act shall take effect on the one hundred eightieth day after
 it  shall  have become a law. Effective immediately the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the    imple-
 mentation  of  this  act on its effective date are authorized to be made
 and completed on or before such date.

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The New York State Senate

senate Bill S5935

Sponsored By

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 6, 2023 - floor Vote

Floor Vote: Jun 6, 2023

Co-Sponsors

S5935 (ACTIVE) - Details

S5935 (ACTIVE) - Summary

S5935 (ACTIVE) - Sponsor Memo

S5935 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5935

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Sponsored By

Cordell Cleare

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 6, 2023 - floor Vote

Floor Vote: Jun 6, 2023

Co-Sponsors

Jacob Ashby

S5935 (ACTIVE) - Details

S5935 (ACTIVE) - Summary

S5935 (ACTIVE) - Sponsor Memo

S5935 (ACTIVE) - Bill Text download pdf

Comments