LAWS OF NEW YORK, 1998
CHAPTER 597

EXPLANATION—Matter in italics is new; matter in brackets [ ]
is old law to be omitted.

AN ACT to amend the domestic relations law, the family court act, the
criminal procedure law, the penal law and the executive law, in
relation to interstate enforcement of orders of protection

Became a law September 23, 1998, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
Section 1. Subdivision 3 of section 240 of the domestic relations law,
as amended by chapter 164 of the laws of 1989, paragraphs 1, 2, 3, 4 and
5 as amended and paragraph 7 as added by chapter 483 of the laws of
1995, the first closing paragraph as added by chapter 349 of the laws of
1995 and the second closing paragraph as added by chapter 538 of the
laws of 1995, is amended to read as follows:
3. Order of protection. a. The court may make an order of protection
in assistance or as a condition of any other order made under this
section. The order of protection may set forth reasonable conditions of
behavior to be observed for a specified time by any party. Such an order
may require any party:
(1) to stay away from the home, school, business or place of employ-
ment of the child, other parent or any other party, and to stay away
from any other specific location designated by the court;
(2) to permit a parent, or a person entitled to visitation by a court
order or a separation agreement, to visit the child at stated periods;
(3) to refrain from committing a family offense, as defined in subdi-
vision one of section 530.11 of the criminal procedure law, or any crim-
inal offense against the child or against the other parent or against
any person to whom custody of the child is awarded or from harassing,
intimidating or threatening such persons;
(4) to permit a designated party to enter the residence during a spec-
ified period of time in order to remove personal belongings not in issue
in a proceeding or action under this chapter or the family court act; or
(5) to refrain from acts of commission or omission that create an
unreasonable risk to the health, safety or welfare of a child.
(6) to pay the reasonable counsel fees and disbursements involved in
obtaining or enforcing the order of the person who is protected by such
order if such order is issued or enforced.
(7) to observe such other conditions as are necessary to further the
purposes of protection.
b. An order of protection entered pursuant to this subdivision shall
bear in a conspicuous manner, on the front page of said order, the
language "Order of protection issued pursuant to section two hundred
forty of the domestic relations law". The absence of such language shall
not affect the validity of such order. The presentation of a copy of
such an order to any peace officer acting pursuant to his or her special
duties, or police officer, shall constitute authority, for that officer
to arrest a person when that person has violated the terms of such an
order, and bring such person before the court and, otherwise, so far as
lies within the officer's power, to aid in securing the protection such
order was intended to afford.
c. An order of protection entered pursuant to this subdivision may be
made in the final judgment in any matrimonial action or in a proceeding
to obtain custody of or visitation with any child under this section, or
by one or more orders from time to time before or subsequent to final
judgment, or by both such order or orders and the final judgment. The
order of protection may remain in effect after entry of a final matrimo-
nial judgment and during the minority of any child whose custody or
visitation is the subject of a provision of a final judgment or any
order. An order of protection may be entered notwithstanding that the
court for any reason whatsoever, other than lack of jurisdiction,
refuses to grant the relief requested in the action or proceeding.
d. The chief administrator of the courts shall promulgate appropriate
uniform temporary orders of protection and orders of protection forms,
applicable to proceedings under this article, to be used throughout the
state. Such forms shall be promulgated and developed in a manner to
ensure the compatibility of such forms with the statewide computerized
registry established pursuant to section two hundred twenty-one-a of the
executive law.
e. No order of protection may direct any party to observe conditions
of behavior unless: (i) the party requesting the order of protection has
served and filed an action, proceeding, counter-claim or written motion
and, (ii) the court has made a finding on the record that such party is
entitled to issuance of the order of protection which may result from a
judicial finding of fact, judicial acceptance of an admission by the
party against whom the order was issued or judicial finding that the
party against whom the order is issued has given knowing, intelligent
and voluntary consent to its issuance. The provisions of this subdivi-
sion shall not preclude the court from issuing a temporary order of
protection upon the court's own motion or where a motion for such relief
is made to the court, for good cause shown.
§ 2. Section 240 of the domestic relations law is amended by adding a
new subdivision 3-c to read as follows:
3-c. Orders of protection; filing and enforcement of out-of-state
orders. A valid order of protection or temporary order of protection
issued by a court of competent jurisdiction in another state, territo-
rial or tribal jurisdiction shall be accorded full faith and credit and
enforced as if it were issued by a court within the state for as long as
the order remains in effect in the issuing jurisdiction in accordance
with sections two thousand two hundred sixty-five and two thousand two
hundred sixty-six of title eighteen of the United States Code.
a. An order issued by a court of competent jurisdiction in another
state, territorial or tribal jurisdiction shall be deemed valid if:
(1) the issuing court had personal jurisdiction over the parties and
over the subject matter under the law of the issuing jurisdiction;
(2) the person against whom the order was issued had reasonable notice
and an opportunity to be heard prior to issuance of the order; provided,
however, that if the order was a temporary order of protection issued in
the absence of such person, that notice had been given and that an
opportunity to be heard had been provided within a reasonable period of
time after the issuance of the order; and
(3) in the case of orders of protection or temporary orders of
protection issued against both a petitioner and respondent, the order or
portion thereof sought to be enforced was supported by: (i) a pleading
requesting such order, including, but not limited to, a petition, cross-
petition or counterclaim; and (ii) a judicial finding that the request-
ing party is entitled to the issuance of the order, which may result
from a judicial finding of fact, judicial acceptance of an admission by
the party against whom the order was issued or judicial finding that the
party against whom the order was issued had give knowing, intelligent
and voluntary consent to its issuance.
b. Notwithstanding the provisions of article fifty-four of the civil
practice law and rules, an order of protection or temporary order of
protection issued by a court of competent jurisdiction in another state,
territorial or tribal jurisdiction, accompanied by a sworn affidavit
that upon information and belief such order is in effect as written and
has not been vacated or modified, may be filed without fee with the
clerk of the court, who shall transmit information regarding such order
to the statewide registry of orders of protection and warrants estab-
lished pursuant to section two hundred twenty-one-a of the executive
law; provided, however, that such filing and registry entry shall not be
required for enforcement of the order.
§ 3. Subdivision 4 of section 252 of the domestic relations law, as
added by chapter 349 of the laws of 1995, is amended to read as follows:
4. No order of protection may direct any party to observe conditions
of behavior unless: (i) the party requesting the order of protection has
served and filed an action, proceeding, counterclaim or written motion
and, (ii) the court has made a finding on the record that such party is
entitled to issuance of the order of protection which may result from a
judicial finding of fact, judicial acceptance of an admission by the
party against whom the order was issued or judicial finding that the
party against whom the order is issued has given knowing, intelligent
and voluntary consent to its issuance. The provisions of this subdivi-
sion shall not preclude the court from issuing a temporary order of
protection upon the court's own motion or where a motion for such relief
is made to the court, for good cause shown.
§ 4. Section 252 of the domestic relations law is amended by adding a
new subdivision 7 to read as follows:
7. A valid order of protection or temporary order of protection issued
by a court of competent jurisdiction in another state, territorial or
tribal jurisdiction shall be accorded full faith and credit and enforced
as if it were issued by a court within the state for as long as the
order remains in effect in the issuing jurisdiction in accordance with
sections two thousand two hundred sixty-five and two thousand two
hundred sixty-six of title eighteen of the United States Code.
(a) An order issued by a court of competent jurisdiction in another
state, territorial or tribal jurisdiction shall be deemed valid if:
(i) the issuing court had personal jurisdiction over the parties and
over the subject matter under the law of the issuing jurisdiction;
(ii) the person against whom the order was issued had reasonable
notice and an opportunity to be heard prior to issuance of the order;
provided, however, that if the order was a temporary order of protection
issued in the absence of such person, that notice had been given and
that an opportunity to be heard had been provided within a reasonable
period of time after the issuance of the order; and
(iii) in the case of orders of protection or temporary orders of
protection issued against both a petitioner and respondent, the order or
portion thereof sought to be enforced was supported by: (A) a pleading
requesting such order, including, but not limited to, a petition, cross-
petition or counterclaim; and (B) a judicial finding that the requesting
party is entitled to the issuance of the order, which may result from a
judicial finding of fact, judicial acceptance of an admission by the
party against whom the order was issued or judicial finding that the
party against whom the order was issued had given knowing, intelligent
and voluntary consent to its issuance.
(b) Notwithstanding the provisions of article fifty-four of the civil
practice law and rules, an order of protection or temporary order of
protection issued by a court of competent jurisdiction in another state,
territorial or tribal jurisdiction, accompanied by a sworn affidavit
that upon information and belief such order is in effect as written and
has not been vacated or modified, may be filed without fee with the
clerk of the court, who shall transmit information regarding such order
to the statewide registry of orders of protection and warrants estab-
lished pursuant to section two hundred twenty-one-a of the executive
law; provided, however, that such filing and registry entry shall not be
required for enforcement of the order.
§ 5. Subdivision 3 of section 154-c of the family court act, as added
by chapter 186 of the laws of 1997, is amended to read as follows:
3. Pleadings and requisite findings. No order of protection may direct
any party to observe conditions of behavior unless: (i) the party
requesting the order of protection has served and filed a petition or
counter-claim in accordance with article four, five, six or eight of
this act and, (ii) the court has made a finding on the record that such
party is entitled to issuance of the order of protection which may
result from a judicial finding of fact, judicial acceptance of an admis-
sion by the party against whom the order was issued or judicial finding
that the party against whom the order is issued has given knowing,
intelligent and voluntary consent to its issuance. Nothing herein shall
be deemed to limit or restrict the authority of the court to issue a
temporary order of protection on an ex parte basis.
§ 6. The family court act is amended by adding a new section 154-e to
read as follows:
§ 154-e. Orders of protection; filing and enforcement of out-of-state
orders. A valid order of protection or temporary order of protection
issued by a court of competent jurisdiction in another state, territo-
rial or tribal jurisdiction shall be accorded full faith and credit and
enforced under article eight of this act as if it were issued by a court
within the state for as long as the order remains in effect in the issu-
ing jurisdiction in accordance with sections two thousand two hundred
sixty-five and two thousand two hundred sixty-six of title eighteen of
the United States Code.
1. An order issued by a court of competent jurisdiction in another
state, territorial or tribal jurisdiction shall be deemed valid if:
a. the issuing court had personal jurisdiction over the parties and
over the subject matter under the law of the issuing jurisdiction;
b. the person against whom the order was issued had reasonable notice
and an opportunity to be heard prior to issuance of the order; provided,
however, that if the order was a temporary order of protection issued in
the absence of such person, that notice had been given and that an
opportunity to be heard had been provided within a reasonable period of
time after the issuance of the order; and
c. in the case of orders of protection or temporary orders of
protection issued against both a petitioner and respondent, the order or
portion thereof sought to be enforced was supported by: (i) a pleading
requesting such order, including, but not limited to, a petition, cross-
petition or counterclaim; and (ii) a judicial finding that the request-
ing party is entitled to the issuance of the order which may result from
a judicial finding of fact, judicial acceptance of an admission by the
party against whom the order was issued or judicial finding that the
party against whom the order was issued had given knowing, intelligent
and voluntary consent to its issuance.
2. Notwithstanding the provisions of article fifty-four of the civil
practice law and rules, an order of protection or temporary order of
protection issued by a court of competent jurisdiction in another state,
territorial or tribal jurisdiction, accompanied by a sworn affidavit
that upon information and belief such order is in effect as written and
has not been vacated or modified, may be filed without fee with the
clerk of the family court, who shall transmit information regarding such
order to the statewide registry of orders of protection and warrants
established pursuant to section two hundred twenty-one-a of the execu-
tive law; provided, however, that such filing and registry entry shall
not be required for enforcement of the order.
§ 7. The opening paragraph of subdivision 3 of section 842-a of the
family court act, as added by chapter 644 of the laws of 1996, is
amended to read as follows:
Mandatory and permissive revocation or suspension of firearms license
and ineligibility for such a license upon a finding of a willful failure
to obey an order of protection. Whenever a respondent has been found,
pursuant to section eight hundred forty-six-a of this part to have will-
fully failed to obey an order of protection issued by this court or an
order of protection issued by a court of competent jurisdiction in
another state, territorial or tribal jurisdiction, in addition to any
other remedies available pursuant to section eight hundred forty-six-a
of this part:
§ 8. The opening paragraph and the opening paragraph of paragraph (ii)
of subdivision (b) of section 846 of the family court act, the opening
paragraph as added by chapter 530 of the laws of 1980 and the opening
paragraph of paragraph (ii) of subdivision (b) as amended by chapter 222
of the laws of 1994, are amended to read as follows:
Proceedings under this part shall be originated by the filing of a
petition containing an allegation that the respondent has failed to obey
a lawful order of this court or an order of protection issued by a court
of competent jurisdiction of another state, territorial or tribal juris-
diction.
Upon the filing of a petition under this part alleging a violation of
a lawful order of [the] this or any other court, as provided in this
section, the court may, on its own motion, or on motion of the petition-
er:
§ 9. Section 846-a of the family court act, as amended by chapter 222
of the laws of 1994, is amended to read as follows:
§ 846-a. Powers on failure to obey order. If a respondent is brought
before the court for failure to obey any lawful order issued under this
article or an order of protection issued by a court of competent juris-
diction of another state, territorial or tribal jurisdiction in a
proceeding and if, after hearing, the court is satisfied by competent
proof that the respondent has willfully failed to obey any such order,
the court may modify an existing order to add reasonable conditions of
behavior to the existing order of protection, make a new order of
protection in accordance with section eight hundred forty-two, may order
the forfeiture of bail in a manner consistent with article five hundred
forty of the criminal procedure law if bail has been ordered pursuant to
this act, may order the respondent to pay the petitioner's reasonable
and necessary counsel fees in connection with the violation petition
where the court finds that the violation of its order was willful, and
may commit the respondent to jail for a term not to exceed six months.
Such commitment may be served upon certain specified days or parts of
days as the court may direct, and the court may, at any time within the
term of such sentence, revoke such suspension and commit the respondent
for the remainder of the original sentence, or suspend the remainder of
such sentence. If the court determines that the willful failure to obey
such order involves violent behavior constituting the crimes of menac-
ing, reckless endangerment, assault or attempted assault and if such a
respondent is licensed to carry, possess, repair and dispose of firearms
pursuant to section 400.00 of the penal law, the court may also imme-
diately revoke such license and may arrange for the immediate surrender
and disposal of any firearm such respondent owns or possesses. If the
willful failure to obey such order involves the infliction of serious
physical injury as defined in subdivision ten of section 10.00 of the
penal law or the use or threatened use of a deadly weapon or dangerous
instrument, as those terms are defined in subdivisions twelve and thir-
teen of section 10.00 of the penal law, such revocation and immediate
surrender and disposal of any firearm owned or possessed by respondent
shall be mandatory, pursuant to subdivision eleven of section 400.00 of
the penal law.
§ 10. Paragraph (b) of subdivision 4 of section 140.10 of the criminal
procedure law, as added by chapter 222 of the laws of 1994 and subpara-
graph (ii) as amended by chapter 349 of the laws of 1995, is amended to
read as follows:
(b) a duly served order of protection is in effect, or an order of
which the respondent or defendant has actual knowledge because he or she
was present in court when such order was issued, where the order appears
to have been issued by a court of competent jurisdiction of this or
another state, territorial or tribal jurisdiction; and
(i) Such order directs that the respondent or defendant stay away from
persons on whose behalf the order of protection has been issued and the
respondent or defendant committed an act or acts in violation of such
"stay away" provision of such order; or
(ii) The respondent or defendant commits a family offense as defined
in subdivision one of section eight hundred twelve of the family court
act or subdivision one of section 530.11 of this chapter in violation of
such order of protection.
The provisions of this subdivision shall apply only to orders of
protection issued pursuant to sections two hundred forty and two hundred
fifty-two of the domestic relations law, articles four, five, six and
eight of the family court act and section 530.12 of this chapter and to
orders of protection issued by courts of competent jurisdiction in
another state, territorial or tribal jurisdiction. In determining wheth-
er reasonable cause exits to make an arrest for a violation of an order
issued by a court of another state, territorial or tribal jurisdiction,
the officer shall consider, among other factors, whether the order, if
available, appears to be valid on its face or whether a record of the
order exists on the statewide registry of orders of protection and
warrants established pursuant to section two hundred twenty-one-a of the
executive law or the protection order file maintained by the national
crime information center; provided, however, that entry of the order of
protection into the statewide registry or the national protection order
file shall not be required for enforcement of the order; or
§ 11. Section 530.11 of the criminal procedure law is amended by
adding a new subdivision 5 to read as follows:
5. Filing and enforcement of out-of-state orders of protection. A
valid order of protection or temporary order of protection issued by a
court of competent jurisdiction in another state, territorial or tribal
jurisdiction shall be accorded full faith and credit and enforced as if
it were issued by a court within the state for as long as the order
remains in effect in the issuing jurisdiction in accordance with
sections two thousand two hundred sixty-five and two thousand two
hundred sixty-six of title eighteen of the United States Code.
(a) An order issued by a court of competent jurisdiction in another
state, territorial or tribal jurisdiction shall be deemed valid if:
(i) the issuing court had personal jurisdiction over the parties and
over the subject matter under the law of the issuing jurisdiction;
(ii) the person against whom the order was issued had reasonable
notice and an opportunity to be heard prior to issuance of the order;
provided, however, that if the order was a temporary order of protection
issued in the absence of such person, that notice had been given and
that an opportunity to be heard had been provided within a reasonable
period of time after the issuance of the order; and
(iii) in the case of orders of protection or temporary orders of
protection issued against both a petitioner, plaintiff or complainant
and respondent or defendant, the order or portion thereof sought to be
enforced was supported by: (A) a pleading requesting such order, includ-
ing, but not limited to, a petition, cross-petition or counterclaim; and
(B) a judicial finding that the requesting party is entitled to the
issuance of the order which may result from a judicial finding of fact,
judicial acceptance of an admission by the party against whom the order
was issued or judicial finding that the party against whom the order was
issued had given knowing, intelligent and voluntary consent to its issu-
ance.
(b) Notwithstanding the provisions of article fifty-four of the civil
practice law and rules, an order of protection or temporary order of
protection issued by a court of competent jurisdiction in another state,
territorial or tribal jurisdiction, accompanied by a sworn affidavit
that upon information and belief such order is in effect as written and
has not been vacated or modified, may be filed without fee with the
clerk of the court, who shall transmit information regarding such order
to the statewide registry of orders of protection and warrants estab-
lished pursuant to section two hundred twenty-one-a of the executive
law; provided, however, that such filing and registry entry shall not be
required for enforcement of the order.
§ 12. The opening paragraph of subdivision 11 of section 530.12 of the
criminal procedure law, as amended by chapter 498 of the laws of 1993,
is amended to read as follows:
If a defendant is brought before the court for failure to obey any
lawful order issued under this section, or an order of protection issued
by a court of competent jurisdiction in another state, territorial or
tribal jurisdiction, and if, after hearing, the court is satisfied by
competent proof that the defendant has willfully failed to obey any such
order, the court may:
§ 13. The opening paragraph of subdivision 3 of section 530.14 of the
criminal procedure law, as added by chapter 644 of the laws of 1996, is
amended to read as follows:
Mandatory and permissive revocation or suspension of firearms license
and ineligibility for such a license upon a finding of a willful failure
to obey an order of protection. Whenever a defendant has been found
pursuant to subdivision eleven of section 530.12 or subdivision eight of
section 530.13 of this article to have willfully failed to obey an order
of protection issued by a court of competent jurisdiction in this state
or another state, territorial or tribal jurisdiction, in addition to any
other remedies available pursuant to subdivision eleven of section
530.12 or subdivision eight of section 530.13 of this article:
§ 14. Subdivision 3 of section 120.14 of the penal law, as amended by
chapter 222 of the laws of 1994, is amended to read as follows:
3. He or she commits the crime of menacing in the third degree in
violation of that part of a duly served order of protection, or such
order which the defendant has actual knowledge of because he or she was
present in court when such order was issued, pursuant to article eight
of the family court act [or], section 530.12 of the criminal procedure
law, or an order of protection issued by a court of competent jurisdic-
tion in another state, territorial or tribal jurisdiction, which
directed the respondent or defendant to stay away from the person or
persons on whose behalf the order was issued.
§ 15. The opening paragraph of subdivision (b) and subdivisions (c)
and (d) of section 215.51 of the penal law, the opening paragraph of
subdivision b as added by chapter 353 of the laws of 1996 and subdivi-
sions (c) and (d) as added by chapter 222 of the laws of 1994, are
amended to read as follows:
in violation of a duly served order of protection, or such order of
which the defendant has actual knowledge because he or she was present
in court when such order was issued, or an order of protection issued by
a court of competent jurisdiction in this or another state, territorial
or tribal jurisdiction, he or she:
(c) he or she commits the crime of criminal contempt in the second
degree as defined in subdivision three of section 215.50 of this article
by violating that part of a duly served order of protection, or such
order of which the defendant has actual knowledge because he or she was
present in court when such order was issued, under sections two hundred
forty and two hundred fifty-two of the domestic relations law, articles
four, five, six and eight of the family court act and section 530.12 of
the criminal procedure law, or an order of protection issued by a court
of competent jurisdiction in another state, territorial or tribal juris-
diction, which requires the respondent or defendant to stay away from
the person or persons on whose behalf the order was issued, and where
the defendant has been previously convicted of the crime of criminal
contempt in the second degree by violating an order of protection as
described herein within the preceding five years; or
(d) in violation of a duly served order of protection, or such order
of which the defendant has actual knowledge because he or she was pres-
ent in court when such order was issued, or an order issued by a court
of competent jurisdiction in this or another state, territorial or
tribal jurisdiction, he or she intentionally or recklessly damages the
property of a person for whose protection such order was issued in an
amount exceeding two hundred fifty dollars.
§ 16. Section 215.52 of the penal law, as added by chapter 353 of the
laws of 1996, is amended to read as follows:
§ 215.52 Aggravated criminal contempt.
A person is guilty of aggravated criminal contempt when in violation
of a duly served order of protection, or such order of which the defend-
ant has actual knowledge because he or she was present in court when
such order was issued, or an order of protection issued by a court of
competent jurisdiction in another state, territorial or tribal jurisdic-
tion, he or she intentionally or recklessly causes physical injury or
serious physical injury to a person for whose protection such order was
issued.
Aggravated criminal contempt is a class D felony.
§ 17. Subdivisions 1, 2 and 3 of section 221-a of the executive law,
as amended by chapter 349 of the laws of 1995, are amended to read as
follows:
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 devel-
op 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 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 jurisdictions, 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, howev-
er, 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 main-
tain such registry for the purposes of ascertaining the existence of
orders of protection, temporary orders of protection and warrants 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 included in the statewide
computerized registry. [Only] Except for orders of protection issued by
courts of competent jurisdiction in another state, territorial or tribal
jurisdictions, only those standardized forms prescribed herein and
pursuant to subdivision twelve of section 530.12 of the criminal proce-
dure 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, 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 from the clerk of the court pursuant to law, shall
promptly transmit such information on the order of protection 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 the order of protection, the date such order
becomes effective, the date such order was served or whether the defend-
ant 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 crimi-
nal court pertaining to an order of protection, as described in subdivi-
sion 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 munici-
pality, 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 informa-
tion 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 accord-
ance with this section, provided, however, that such filing and registry
entry shall not be required for enforcement of the order.
§ 18. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that the amendments made to subdi-
vision 4 of section 140.10 of the criminal procedure law by section ten
of this act shall not affect the repeal of such subdivision and shall be
deemed to be repealed therewith.
The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of the Public
Officers Law, we hereby jointly certify that this slip copy of this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.

JOSEPH L. BRUNO
Temporary President of the Senate

SHELDON SILVER
Speaker of the Assembly