N.Y. Executive Law Section 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 Social Services Law § 459-A (Definitions)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 Social Services Law § 459-A (Definitions)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 Domestic Relations Law § 240 (Custody and child support)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 § 835 (Definitions)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 Domestic Relations Law § 240 (Custody and child support)section two hundred forty of the domestic relations law and subdivision (e) of section six hundred fifty-one of the family court act.

Source: Section 221-A — Computer system to carry information of orders of protection and warrants of arrest, https://www.­nysenate.­gov/legislation/laws/EXC/221-A (updated Aug. 13, 2021; accessed Mar. 23, 2024).

210
Division of state police
211
Employees
212
Equipment
213
Acquisition of real property
214
Establishment of training school
214–A
Child abuse prevention
214–B
Family offense intervention
214–C
Elder abuse awareness
214–D
Human trafficking awareness
214–E
Cardiopulmonary resuscitation training and retraining
214–F
Emergency situations involving people with autism spectrum disorder and other developmental disabilities
214–G
Opioid antagonist awareness
214–H
Extreme risk protection orders
214–H*2
Model law enforcement death notification policy
215
Organization
216
Bureau of criminal investigation
216–A
Scientific crime detection laboratory
216–B
Salary increments
216–C
Holiday compensation
216–D
Consumer product protection
217
Communication
218
Installation, operation and maintenance of basic system
219
Availability
220
Orders, rules or regulations
221
System of criminal justice information
221–A
Computer system to carry information of orders of protection and warrants of arrest
221–B
Reporting to New York state violent crimes analysis program
221–C
Statewide repository of data relating to unlawful methamphetamine laboratories
221–D
Discovery of an unlawful methamphetamine laboratory
222
Radio communication system
223
Duties and powers of the superintendent of state police and of members of the state police
224
Verification of complaint
225
Enforcement of conservation law
225–A
Lost and found property
226
Employment of state police in towns, villages, police districts
227
Disability benefits
227–A
Death benefits
228
National instant criminal background checks
229
Retirement for cause
230
Gun trafficking interdiction program
231
Uniform identification cards for retired police officers
232
Sexual assault victims unit
233
Municipal gun buyback program
234
New York state police body-worn cameras program
235
Firearms safety training, and licensing appeals

Accessed:
Mar. 23, 2024

Last modified:
Aug. 13, 2021

§ 221-A’s source at nysenate​.gov

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