N.Y. Executive Law § 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, extreme risk protection orders issued

pursuant to article sixty-three-A of the civil practice law and rules,

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.

* NB Effective until October 1, 2026

* 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 those orders of protection which a court orders filed with the

registry pursuant to subdivision five of section 530.13 of the criminal

procedure law, and any warrant arising therefrom, extreme risk

protection orders issued pursuant to article sixty-three-A of the civil

practice law and rules, 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

except as provided for in this subdivision 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.

* NB Effective October 1, 2026

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.