N.Y. Judiciary Law 858 – Hope cards
* § 858. Hope cards. 1. As used in this section, "hope card" shall mean either:
Terms Used In N.Y. Judiciary Law 858
- Arrest: Taking physical custody of a person by lawful authority.
- Docket: A log containing brief entries of court proceedings.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(a) a digital image of the final order of protection as issued in court, delivered via text message, email or other electronic communication; 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 any party protected by a final order of protection. The program shall allow protected parties 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. 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 § 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. 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 electronic 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 jurisdiction to issue an order of protection.
* NB Effective October 23, 2024