Section 221-A. Computer system to carry information of orders of protection and warrants of arrest  


Latest version.
  • 1. The superintendent, in consultation with  the
      division  of  criminal justice services, office of court administration,
      the division of  probation  and  correctional  alternatives,  the  state
      office  for  the  prevention  of  domestic violence and the division for
      women, 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 and eight 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, seven
      and ten 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,
      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.