2023 New York Laws › EXC - Executive › Article 11 - Division of State Police › 221-A - Computer System to Carry Information of Orders of Protection and Warrants of Arrest.

§  221-a. Computer system to carry information of orders of protection
  and warrants of arrest. 1. The superintendent, in consultation with  the
  division  of  criminal justice services, office of court administration,
  and the office for the prevention of domestic violence, shall develop  a
  comprehensive  plan for the establishment and maintenance of a statewide
  computerized registry of all orders of  protection  issued  pursuant  to
  articles four, five, six, eight and ten of the family court act, section
  530.12  of  the  criminal  procedure  law  and,  insofar as they involve
  victims  of  domestic  violence  as  defined  by  section  four  hundred
  fifty-nine-a  of the social services law, section 530.13 of the criminal
  procedure law and sections two hundred forty and two  hundred  fifty-two
  of the domestic relations law, and orders of protection issued by courts
  of  competent  jurisdiction  in  another  state,  territorial  or tribal
  jurisdiction,  special  orders  of   conditions   issued   pursuant   to
  subparagraph  (i) or (ii) of paragraph (o) of subdivision one of section
  330.20 of the criminal procedure law insofar as they involve a victim or
  victims of domestic violence as defined by subdivision  one  of  section
  four  hundred  fifty-nine-a  of  the social services law or a designated
  witness or witnesses to such domestic violence, and all warrants  issued
  pursuant   to   sections  one  hundred  fifty-three  and  eight  hundred
  twenty-seven of the family court act, and arrest and bench  warrants  as
  defined  in subdivisions twenty-eight, twenty-nine and thirty of section
  1.20 of the criminal procedure law, insofar as such warrants pertain  to
  orders  of  protection  or  temporary  orders  of  protection; provided,
  however,  that  warrants  issued  pursuant  to   section   one   hundred
  fifty-three  of  the  family  court act pertaining to articles three and
  seven of such act and section 530.13 of the criminal procedure law shall
  not be included in the registry. The superintendent shall establish  and
  maintain such registry for the purposes of ascertaining the existence of
  orders  of  protection,  temporary  orders  of  protection, warrants and
  special orders of  conditions,  and  for  enforcing  the  provisions  of
  paragraph  (b)  of  subdivision  four  of section 140.10 of the criminal
  procedure law.
2. The superintendent shall prescribe standardized forms for  warrants
  issued  in  connection  with  orders of protection and special orders of
  conditions included in the statewide computerized registry.  Except  for
  orders  of  protection  issued  by  courts  of competent jurisdiction in
  another  state,  territorial  or   tribal   jurisdiction,   only   those
  standardized  forms  prescribed  herein  and  pursuant  to section eight
  hundred fourteen-a of the family court act, subdivision three of section
  two hundred forty of the domestic relations law, and subdivision  twelve
  of  section 530.12 and subdivision one of section 530.13 of the criminal
  procedure law shall be utilized in cases resulting in orders which  must
  be entered into the statewide computerized registry.
3.  Whenever  any court issues an order of protection or special order
  of conditions, the sheriff's  office  or  appropriate  municipal  police
  department in the county in which the complainant or petitioner resides,
  or  if  he  or  she resides within a city, the police department of such
  city, which receives a copy of the order of protection or special  order
  of  conditions from the clerk of the court or otherwise pursuant to law,
  shall promptly transmit such information on the order of  protection  or
  special  order of conditions as required by rule and regulation over the
  law enforcement communication system, including but not limited to:  the
  names  of  the  parties to the proceeding giving rise to such order, the
  date such order becomes effective, the date such  order  was  served  or
  whether  the  defendant or respondent had actual knowledge of such order
  because he or she was present in court when such order was  issued,  the
  date  such  order  is  to  expire,  and the terms and conditions of such

  order. When any peace officer, acting pursuant to  his  or  her  special
  duties,  or  police  officer  receives a warrant issued by family court,
  supreme court  or  by  a  criminal  court  pertaining  to  an  order  of
  protection  or  special order of conditions, as described in subdivision
  one of this section, the officer shall cause specific information on the
  warrant as required by rule and regulation  to  be  promptly  dispatched
  over  the  law  enforcement  communication  system. For purposes of this
  subdivision, municipal shall have the same meaning as  municipality,  as
  defined  in subdivision six of section eight hundred thirty-five of this
  chapter. Notwithstanding the provisions of  article  fifty-four  of  the
  civil  practice  law and rules, a person entitled to protection under an
  order of protection issued by  a  court  of  competent  jurisdiction  in
  another  state,  territorial or tribal jurisdiction, may file such order
  without fee with the clerk of a court in this state having  jurisdiction
  over  family,  criminal  or matrimonial proceedings; such order shall be
  accompanied by a sworn affidavit that upon information and  belief  such
  order is in effect as written and has not been vacated or modified. Upon
  such  filing,  information  regarding such order shall be transmitted to
  the statewide computerized registry in  accordance  with  this  section,
  provided,  however,  that  such  filing  and registry entry shall not be
  required for enforcement of such order.
4. Courts and law enforcement officials, including probation officers,
  and employees of local correctional facilities  and  the  department  of
  corrections   and   community   supervision   who  are  responsible  for
  monitoring, supervising or classification of incarcerated individuals or
  parolees shall have the ability to disclose and share  information  with
  respect to such orders and warrants consistent with the purposes of this
  section,  subject  to  applicable  provisions  of  the family court act,
  domestic  relations  law  and  criminal  procedure  law  concerning  the
  confidentiality, sealing and expungement of records.
5.  In  no  case shall the state or any state or local law enforcement
  official or court official be held liable for any  violations  of  rules
  and  regulations  promulgated under this section, or for damages for any
  delay or failure to file an order of  protection  or  special  order  of
  conditions,   or   to   transmit  information  to  the  law  enforcement
  communication network pertaining to such orders or related family  court
  arrest  warrants,  or  for acting in reliance upon such information. For
  purposes of this subdivision law enforcement official shall include  but
  not  be  limited  to  an  employee of a sheriff's office, or a municipal
  police department or a peace officer  acting  pursuant  to  his  or  her
  special duties.
6.  The  superintendent  shall  establish  procedures  for  the prompt
  removal of orders of protection and special orders  of  conditions  from
  the   active   files   of   the  registry  upon  their  expiration.  The
  superintendent shall establish procedures for prompt disclosure of  such
  orders  and  warrants consistent with the purposes of paragraph (a-1) of
  subdivision one of section two hundred forty of the  domestic  relations
  law  and  subdivision (e) of section six hundred fifty-one of the family
  court act.