Bill Text: NY A11125 | 2017-2018 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enacts Lulu and Leo's law establishing the crime of misrepresentation by, or on behalf of, a caregiver for children when a person knowingly makes a misrepresentation about a caregiver's background.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Passed) 2018-08-16 - signed chap.195 [A11125 Detail]
Download: New_York-2017-A11125-Introduced.html
Bill Title: Enacts Lulu and Leo's law establishing the crime of misrepresentation by, or on behalf of, a caregiver for children when a person knowingly makes a misrepresentation about a caregiver's background.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Passed) 2018-08-16 - signed chap.195 [A11125 Detail]
Download: New_York-2017-A11125-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 11125 IN ASSEMBLY June 7, 2018 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Otis, L. Rosenthal, Braunstein, Joyner, McDonald, Simotas) -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to establishing the crime of misrepresentation by, or on behalf of, a caregiver for children The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as "Lulu and Leo's 2 law". 3 § 2. The penal law is amended by adding a new section 260.35 to read 4 as follows: 5 § 260.35 Misrepresentation by, or on behalf of, a caregiver for a child 6 or children. 7 1. A person is guilty of misrepresentation by, or on behalf of, a 8 caregiver for a child or children when he or she: 9 (a) intentionally makes a false written statement about himself, 10 herself, or another person while he or she, or such other person, is 11 being considered for employment, or while under employment as a caregiv- 12 er to a parent or guardian of a child or children, or the agent of a 13 parent or guardian, and 14 (b) such statement contains a materially false representation regard- 15 ing the caregiver's background related to the ability to safely care for 16 a child or children, and 17 (c) a reasonable person would have relied upon such statement in 18 making an employment decision. 19 2. For the purposes of this section, "caregiver" shall mean a person 20 employed by or being considered for employment to provide fifteen or 21 more hours of care per week to a child or children in the home of such 22 child or children or in the home of such caregiver, provided that such 23 term shall not apply to a child day care provider required to be 24 licensed pursuant to the social services law. 25 Misrepresentation by, or on behalf of, a caregiver for a child or 26 children is a class B misdemeanor. 27 § 3. This act shall take effect on the sixtieth day after it shall 28 have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15527-09-8