Bill Text: NY A11125 | 2017-2018 | General Assembly | Amended

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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-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                        11125--A
                   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  -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
        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.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15527-16-8
        A. 11125--A                         2
     1    Misrepresentation by, or on behalf of, a  caregiver  for  a  child  or
     2  children  is  a  class  A  misdemeanor,  provided,  however, that if any
     3  sentence of imprisonment is imposed for a conviction under this section,
     4  term of imprisonment shall not exceed six months.
     5    §  3.  This  act  shall take effect on the sixtieth day after it shall
     6  have become a law.