§ 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\nand warrants of arrest. * 1. The superintendent, in consultation with\nthe division of criminal justice services, office of court\nadministration, and the office for the prevention of domestic violence,\nshall develop a comprehensive plan for the establishment and maintenance\nof a statewide computerized registry of all orders of protection issued\npursuant to articles four, five, six, eight and ten of the family court\nact, section 530.12 of the criminal procedure law and, insofar as they\ninvolve victims of domestic violence as defined by section four hundred\nfifty-nine-a of the social services law, section 530.13 of the criminal\nprocedure law and sections two hundred forty and two hundred fifty-two\nof the domestic relations law, extreme risk protection orders issued\npursuant to article sixty-three-A of the civil practice law and rules,\nand orders of protection issued by courts of competent jurisdiction in\nanother state, territorial or tribal jurisdiction, special orders of\nconditions issued pursuant to subparagraph (i) or (ii) of paragraph (o)\nof subdivision one of section 330.20 of the criminal procedure law\ninsofar as they involve a victim or victims of domestic violence as\ndefined by subdivision one of section four hundred fifty-nine-a of the\nsocial services law or a designated witness or witnesses to such\ndomestic violence, and all warrants issued pursuant to sections one\nhundred fifty-three and eight hundred twenty-seven of the family court\nact, and arrest and bench warrants as defined in subdivisions\ntwenty-eight, twenty-nine and thirty of section 1.20 of the criminal\nprocedure law, insofar as such warrants pertain to orders of protection\nor temporary orders of protection; provided, however, that warrants\nissued pursuant to section one hundred fifty-three of the family court\nact pertaining to articles three and seven of such act and section\n530.13 of the criminal procedure law shall not be included in the\nregistry. The superintendent shall establish and maintain such registry\nfor the purposes of ascertaining the existence of orders of protection,\ntemporary orders of protection, warrants and special orders of\nconditions, and for enforcing the provisions of paragraph (b) of\nsubdivision four of section 140.10 of the criminal procedure law.\n * NB Effective until October 1, 2026\n * 1. The superintendent, in consultation with the division of criminal\njustice services, office of court administration, and the office for the\nprevention of domestic violence, shall develop a comprehensive plan for\nthe establishment and maintenance of a statewide computerized registry\nof all orders of protection issued pursuant to articles four, five, six,\neight and ten of the family court act, section 530.12 of the criminal\nprocedure law and, insofar as they involve victims of domestic violence\nas defined by section four hundred fifty-nine-a of the social services\nlaw, section 530.13 of the criminal procedure law and sections two\nhundred forty and two hundred fifty-two of the domestic relations law\nand those orders of protection which a court orders filed with the\nregistry pursuant to subdivision five of section 530.13 of the criminal\nprocedure law, and any warrant arising therefrom, extreme risk\nprotection orders issued pursuant to article sixty-three-A of the civil\npractice law and rules, and orders of protection issued by courts of\ncompetent jurisdiction in another state, territorial or tribal\njurisdiction, special orders of conditions issued pursuant to\nsubparagraph (i) or (ii) of paragraph (o) of subdivision one of section\n330.20 of the criminal procedure law insofar as they involve a victim or\nvictims of domestic violence as defined by subdivision one of section\nfour hundred fifty-nine-a of the social services law or a designated\nwitness or witnesses to such domestic violence, and all warrants issued\npursuant to sections one hundred fifty-three and eight hundred\ntwenty-seven of the family court act, and arrest and bench warrants as\ndefined in subdivisions twenty-eight, twenty-nine and thirty of section\n1.20 of the criminal procedure law, insofar as such warrants pertain to\norders of protection or temporary orders of protection; provided,\nhowever, that warrants issued pursuant to section one hundred\nfifty-three of the family court act pertaining to articles three and\nseven of such act and section 530.13 of the criminal procedure law\nexcept as provided for in this subdivision shall not be included in the\nregistry. The superintendent shall establish and maintain such registry\nfor the purposes of ascertaining the existence of orders of protection,\ntemporary orders of protection, warrants and special orders of\nconditions, and for enforcing the provisions of paragraph (b) of\nsubdivision four of section 140.10 of the criminal procedure law.\n * NB Effective October 1, 2026\n 2. The superintendent shall prescribe standardized forms for warrants\nissued in connection with orders of protection and special orders of\nconditions included in the statewide computerized registry. Except for\norders of protection issued by courts of competent jurisdiction in\nanother state, territorial or tribal jurisdiction, only those\nstandardized forms prescribed herein and pursuant to section eight\nhundred fourteen-a of the family court act, subdivision three of section\ntwo hundred forty of the domestic relations law, and subdivision twelve\nof section 530.12 and subdivision one of section 530.13 of the criminal\nprocedure law shall be utilized in cases resulting in orders which must\nbe entered into the statewide computerized registry.\n 3. Whenever any court issues an order of protection or special order\nof conditions, the sheriff's office or appropriate municipal police\ndepartment in the county in which the complainant or petitioner resides,\nor if he or she resides within a city, the police department of such\ncity, which receives a copy of the order of protection or special order\nof conditions from the clerk of the court or otherwise pursuant to law,\nshall promptly transmit such information on the order of protection or\nspecial order of conditions as required by rule and regulation over the\nlaw enforcement communication system, including but not limited to: the\nnames of the parties to the proceeding giving rise to such order, the\ndate such order becomes effective, the date such order was served or\nwhether the defendant or respondent had actual knowledge of such order\nbecause he or she was present in court when such order was issued, the\ndate such order is to expire, and the terms and conditions of such\norder. When any peace officer, acting pursuant to his or her special\nduties, or police officer receives a warrant issued by family court,\nsupreme court or by a criminal court pertaining to an order of\nprotection or special order of conditions, as described in subdivision\none of this section, the officer shall cause specific information on the\nwarrant as required by rule and regulation to be promptly dispatched\nover the law enforcement communication system. For purposes of this\nsubdivision, municipal shall have the same meaning as municipality, as\ndefined in subdivision six of section eight hundred thirty-five of this\nchapter. Notwithstanding the provisions of article fifty-four of the\ncivil practice law and rules, a person entitled to protection under an\norder of protection issued by a court of competent jurisdiction in\nanother state, territorial or tribal jurisdiction, may file such order\nwithout fee with the clerk of a court in this state having jurisdiction\nover family, criminal or matrimonial proceedings; such order shall be\naccompanied by a sworn affidavit that upon information and belief such\norder is in effect as written and has not been vacated or modified. Upon\nsuch filing, information regarding such order shall be transmitted to\nthe statewide computerized registry in accordance with this section,\nprovided, however, that such filing and registry entry shall not be\nrequired for enforcement of such order.\n 4. Courts and law enforcement officials, including probation officers,\nand employees of local correctional facilities and the department of\ncorrections and community supervision who are responsible for\nmonitoring, supervising or classification of incarcerated individuals or\nparolees shall have the ability to disclose and share information with\nrespect to such orders and warrants consistent with the purposes of this\nsection, subject to applicable provisions of the family court act,\ndomestic relations law and criminal procedure law concerning the\nconfidentiality, sealing and expungement of records.\n 5. In no case shall the state or any state or local law enforcement\nofficial or court official be held liable for any violations of rules\nand regulations promulgated under this section, or for damages for any\ndelay or failure to file an order of protection or special order of\nconditions, or to transmit information to the law enforcement\ncommunication network pertaining to such orders or related family court\narrest warrants, or for acting in reliance upon such information. For\npurposes of this subdivision law enforcement official shall include but\nnot be limited to an employee of a sheriff's office, or a municipal\npolice department or a peace officer acting pursuant to his or her\nspecial duties.\n 6. The superintendent shall establish procedures for the prompt\nremoval of orders of protection and special orders of conditions from\nthe active files of the registry upon their expiration. The\nsuperintendent shall establish procedures for prompt disclosure of such\norders and warrants consistent with the purposes of paragraph (a-1) of\nsubdivision one of section two hundred forty of the domestic relations\nlaw and subdivision (e) of section six hundred fifty-one of the family\ncourt act.\n