HB58 HD1.DOC

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- 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, which 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) A hope card may be requested by any person who has been granted a long term protective order issued by a Hawaii court, Federal court, or other court of competent jurisdiction 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 is valid based on data provided by the judiciary or the National Crime Information Center – Protection Order File, the department of the attorney general shall issue the applicant one or more cards as may be necessary:

(1) For the applicant to provide the hope card to a school or employer;

(2) To enable use of the hope card by any child or other individual covered by the long term protective order; or

(3) For the applicant to provide the hope card to the school, day care program, or other similar entity for a child or other individual covered by the long term protective order.

(c) 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 by which law enforcement personnel can 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.

(d) The department of the attorney general may charge a fee not to exceed $20 per card for each hope card, after the first card. All moneys collected from the fee shall be transferred to the general fund.

(e) For the purposes of this part, "long term protective order" means an order granted under section 604-10.5 that is effective for a period exceeding ninety days, or an order granted under chapter 586 that is effective for a period exceeding one hundred eighty days.

(f) For purposes of this part, "other court of competent jurisdiction" shall mean a court of a country that:

(1) Is a party to the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents; and

(2) Has enacted laws or established procedures for the issuance and enforcement of permanent restraining orders that are substantially similar to those in this State.

§28- Access to Hawaii hope card program information; verification. (a) The department of the attorney general shall maintain a database of all hope cards issued by the Hawaii hope card program and their related long term protective orders. The records may be incorporated as part of the current Hawaii criminal justice center protective order databases, records, or both. Law enforcement personnel may access the database or the National Crime Information Center-Protection Order File database to verify the existence and scope of a long term protective order.

(b) Access to the database by internet and telephone shall be provided twenty-four hours a day, seven days per week for the duration of the long term protective order, for which the department of the attorney general shall maintain a Hawaii phone number; provided that the identity of the applicant shall not be listed where the long term protective order has been obtained under section 604-10.5(e).

(c) Public access authorized by this section may be provided in coordination with the Hawaii criminal justice data center established under chapter 846.

§28- External agencies; funding. The department of the attorney general may work with outside agencies, local, state, and federal governments and accept gifts, donations, and grants from public agencies and private persons to support the program.

§28- Reporting requirements. 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 a report on the activities and status of the hope card program."

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 2015-2016, for the department of the attorney general to establish and administer the Hawaii hope card program including the hiring of staff.

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

SECTION 3. 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, 2016.

SECTION 4. This Act shall take effect on July 1, 2015.

HOUSE OF REPRESENTATIVES	H.B. NO.	58
TWENTY-EIGHTH LEGISLATURE, 2015		H.D. 1
STATE OF HAWAII