2010 New York Code
EXC - Executive
Article 11 - (210 - 230) 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  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.