SB 598: RELATING TO PROTECTIVE ORDERS.

A BILL FOR AN ACT

RELATING TO PROTECTIVE ORDERS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 28, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part     .    Hawaii Hope Card Program

     §28-A  Hawaii hope card program.  (a)  There is established within the department of the attorney general a program to be known as the Hawaii hope card program.  The Hawaii hope card program shall be responsible for issuing hope cards to holders of a long-term protective order to allow law enforcement to quickly verify the existence of the long-term protective order and easily obtain information regarding the long-term protective order.

     (b)  The department of the attorney general shall employ, without regard to chapter 76, a coordinator and an assistant to the coordinator and other personnel as necessary to promote the effective and efficient conduct of the Hawaii hope card program's activities.

     (c)  A hope card may be requested by any person who has been granted a long-term protective order by submitting an application to the department of the attorney general in a form prescribed by the department of the attorney general.  Upon determining that the long-term protective order that the application is based on is valid, the department of the attorney general shall issue the applicant a hope card; provided that more than one hope card may be issued to the applicant to:

     (1)  Provide to a school or employer;

     (2)  Enable any child or other individual covered by the long-term protective order to use the card; or

     (3)  Provide to the school, day care program, or other similar entity of a child or other individual covered by the long-term protective order.

     (d)  A hope card shall be a laminated card, similar in size and shape to a credit card, and shall display a color photograph of the person to be restrained by the long-term protective order, if available, and contain essential information about the long-term protective order, including:

     (1)  Identifying characteristics of the person to be restrained, including name, date of birth, sex, race, eye and hair color, height, weight, and any distinguishing features such as scars or tattoos;

     (2)  The case number and the issuing court of the long-term protective order;

     (3)  The issue and expiration date of the long-term protective order;

     (4)  The terms of the long-term protective order;

     (5)  A website and Hawaii phone number that law enforcement personnel can utilize to access the Hawaii hope card program database to verify the information on the hope card;

     (6)  Identifying characteristics of the applicant, including name, date of birth, sex, race, eye and hair color, height, and weight; and

     (7)  The names and birth dates of any children or other individuals who are also protected by the long-term protective order.

     (e)  The department of the attorney general may charge a fee for each hope card that is issued, not to exceed     dollars per card.  All moneys from the fee shall be deposited in the Hawaii hope card program special fund established pursuant to section 28-C.

     (f)  For the purposes of this part, "long-term protective order" means an order granted for more than ninety days under section 604-10.5, or an order granted for more than one hundred eighty days under chapter 586.

     §28-B  Access to Hawaii hope card program information; verification.  (a)  The department of the attorney general shall maintain a confidential database of all hope cards, issued by the Hawaii hope card program and their related long-term protective orders that only the hope program and law enforcement personnel may access to verify the existence and scope of a long-term protective order.

     (b)  For the duration of the long-term protective order, internet and telephone access to the database shall be provided twenty-four hours a day to law enforcement personnel for which the department of the attorney general shall maintain a Hawaii phone number; provided that the name of the applicant shall not be identified if the long-term protective order was obtained under section 604-10.5(e).

     (c)  Public access to information may be provided in coordination with the Hawaii criminal justice data center established under chapter 846.

     §28-C  Hawaii hope card program special fund.  (a)  There is established in the state treasury the Hawaii hope card program special fund, into which shall be deposited the following moneys:

     (1)  All fees collected by the department of the attorney general for the purposes of carrying out this part;

     (2)  Appropriations by the legislature to the special fund; and

     (3)  Gifts, donations, and grants from public agencies and private persons.

     (b)  The Hawaii hope card program special fund shall be administered by the department of the attorney general and shall be used for administering and operating the Hawaii hope card program.

     (c)  The department of the attorney general may expend moneys from the fund:

     (1)  For long-term and temporary staff positions;

     (2)  To cover materials and equipment necessary to produce hope cards;

     (3)  To cover expenses incurred in maintaining internet and twenty-four telephone access;

     (4)  To produce public information materials; and

     (5)  To cover all other administrative and operational costs of the Hawaii hope card program.

     (d)  The department of the attorney general shall submit a report to the legislature no later than twenty days prior to the convening of each regular session to provide an accounting of the receipts and expenditures of the fund."

     SECTION 2.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for the fiscal year 2026-2027 to be deposited into the Hawaii hope card program special fund.

     SECTION 3.  There is appropriated out of the Hawaii hope care program special fund the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the department of the attorney general to administer the Hawaii hope card program.

     The sums appropriated shall be expended by the department of the attorney general for the purposes of this Act.

     SECTION 4.  The department of the attorney general shall develop and implement the Hawaii hope card program established by section 1 of this Act no later than January 1, 2026.

     SECTION 5.  In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 6.  This Act shall take effect on April 23, 2057.

Report Title:

Hawaii Hope Card Program; Protective Orders; Hawaii Hope Card Program Special Fund; Appropriations

Description:

Establishes the Hawaii Hope Card Program within the Department of the Attorney General to issue hope cards upon request to those holding a long-term protective order, with specified relevant information about the protective orders and all covered parties.  Establishes the Hawaii Hope Card Special Fund.  Appropriates funds.  Effective 4/23/2057.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

Relating to Protective Orders.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 28, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part     .    Hawaii Hope Card Program

     §28-A  Hawaii hope card program.  (a)  There is established within the department of the attorney general a program to be known as the Hawaii hope card program.  The Hawaii hope card program shall be responsible for issuing hope cards to holders of a long-term protective order to allow law enforcement to quickly verify the existence of the long-term protective order and easily obtain information regarding the long-term protective order.

     (b)  The department of the attorney general shall employ, without regard to chapter 76, a coordinator and an assistant to the coordinator and other personnel as necessary to promote the effective and efficient conduct of the Hawaii hope card program's activities.

     (c)  A hope card may be requested by any person who has been granted a long-term protective order by submitting an application to the department of the attorney general in a form prescribed by the department of the attorney general.  Upon determining that the long-term protective order that the application is based on is valid, the department of the attorney general shall issue the applicant a hope card; provided that more than one hope card may be issued to the applicant to:

     (1)  Provide to a school or employer;

     (2)  Enable any child or other individual covered by the long-term protective order to use the card; or

     (3)  Provide to the school, day care program, or other similar entity of a child or other individual covered by the long-term protective order.

     (d)  A hope card shall be a laminated card, similar in size and shape to a credit card, and shall display a color photograph of the person to be restrained by the long-term protective order, if available, and contain essential information about the long-term protective order, including:

     (1)  Identifying characteristics of the person to be restrained, including name, date of birth, sex, race, eye and hair color, height, weight, and any distinguishing features such as scars or tattoos;

     (2)  The case number and the issuing court of the long-term protective order;

     (3)  The issue and expiration date of the long-term protective order;

     (4)  The terms of the long-term protective order;

     (5)  A website and Hawaii phone number that law enforcement personnel can utilize to access the Hawaii hope card program database to verify the information on the hope card;

     (6)  Identifying characteristics of the applicant, including name, date of birth, sex, race, eye and hair color, height, and weight; and

     (7)  The names and birth dates of any children or other individuals who are also protected by the long-term protective order.

     (e)  The department of the attorney general may charge a fee for each hope card that is issued, not to exceed     dollars per card.  All moneys from the fee shall be deposited in the Hawaii hope card program special fund established pursuant to section 28-C.

     (f)  For the purposes of this part, "long-term protective order" shall mean an order granted for more than ninety days under section 604-10.5, or an order granted for more than one hundred eighty days under chapter 586.

     §28-B  Access to Hawaii hope card program information; verification.  (a)  The department of the attorney general shall maintain a confidential database of all hope cards, issued by the Hawaii hope card program and their related long-term protective orders that only the hope program and law enforcement personnel may access to verify the existence and scope of a long-term protective order.

     (b)  For the duration of the long-term protective order, internet and telephone access to the database shall be provided twenty-four hours a day to law enforcement personnel for which the department of the attorney general shall maintain a Hawaii phone number; provided that the name of the applicant shall not be identified if the long-term protective order was obtained under section 604-10.5(e).

     (c)  Public access to information may be provided in coordination with the Hawaii criminal justice data center established under chapter 846.

     §28-C  Hawaii hope card program special fund.  (a)  There is established in the state treasury the Hawaii hope card program special fund, into which shall be deposited the following moneys:

     (1)  All fees collected by the department of the attorney general for the purposes of carrying out this part;

     (2)  Appropriations by the legislature to the special fund; and

     (3)  Gifts, donations, and grants from public agencies and private persons.

     (b)  The Hawaii hope card program special fund shall be administered by the department of the attorney general and shall be used for administering and operating the Hawaii hope card program.

     (c)  The department of the attorney general may expend moneys from the fund:

     (1)  For long-term and temporary staff positions;

     (2)  To cover materials and equipment necessary to produce hope cards;

     (3)  To cover expenses incurred in maintaining internet and twenty-four telephone access;

     (4)  To produce public information materials; and

     (5)  To cover all other administrative and operational costs of the Hawaii hope card program.

     (d)  The department of the attorney general shall submit a report to the legislature no later than twenty days prior to the convening of each regular session to provide an accounting of the receipts and expenditures of the fund."

     SECTION 2.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for the fiscal year 2026-2027 to be deposited into the Hawaii hope card program special fund.

     SECTION 3.  There is appropriated out of the Hawaii hope care program special fund the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the department of the attorney general to administer the Hawaii hope card program.

     The sums appropriated shall be expended by the department of the attorney general for the purposes of this Act.

     SECTION 4.  The department of the attorney general shall develop and implement the Hawaii hope card program established by section 1 of this Act no later than January 1, 2026.

     SECTION 5.  In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 6.  This Act shall take effect on July 1, 2025.

Report Title:

Hawaii Hope Card Program; Protective Orders; Hawaii Hope Card Program Special Fund; Appropriations

Description:

Establishes the Hawaii Hope Card Program within the Department of the Attorney General to issue hope cards upon request to those holding a long-term protective order, with specified relevant information about the protective orders and all covered parties.  Establishes the Hawaii Hope Card Special Fund.  Appropriates funds.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO. 11

Honolulu, Hawaii

RE:    S.B. No. 598

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 598 entitled:

"A BILL FOR AN ACT RELATING TO PROTECTIVE ORDERS,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Establish the Hawaiʻi Hope Card Program within the Department of the Attorney General to issue hope cards upon request to those holding a long-term protective order, with specified relevant information about the protective orders and all covered parties;

     (2)  Establish the Hawaiʻi Hope Card Special Fund; and

     (3)  Appropriate funds.

     Your Committee received testimony in support of this measure from one individual.

     Your Committee received comments on this measure from the Department of the Attorney General and Department of Budget and Finance.

     Your Committee finds that protective orders are essential tools that can increase safety for victims of domestic violence, sexual assault, stalking, abuse of vulnerable adults, and unlawful harassment.  Individuals who receive protective orders, however, are forced to either always carry a paper copy of the order with them, an inconvenient option that could result in the document being damaged or lost, or risk not having access to proper documentation should assistance from law enforcement or emergency services become necessary.  Other states, including Idaho, Montana, Oregon, and Washington, have successfully implemented a solution by establishing hope card programs.  Hope cards are durable, laminated cards that contain the vital information about a protective order that first responders need to quickly verify its existence.  By establishing the State's own Hope Card Program, this measure will make it easier for individuals with protective orders to receive assistance from law enforcement or other emergency services.

     Your Committee notes that this measure contains an unspecified appropriation amount.  Should your Committee on Ways and Means choose to deliberate on this measure, your Committee respectfully requests that it consider inserting an appropriation amount of $450,000 for the Department of the Attorney General to administer the Hawaiʻi Hope Card Program.

     Your Committee further notes the testimony of the Department of the Attorney General that ongoing operation expenses of the Hawaiʻi Hope Card Program established by this measure would amount to approximately $110,000 annually.

     Your Committee has amended this measure by:

     (1)  Inserting an effective date of April 23, 2057, to encourage further discussion; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 598, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 598, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Judiciary,