New York Laws
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.

Structure New York Laws