Assembly Bill A11125A

Signed By Governor
2017-2018 Legislative Session

Enacts Lulu and Leo's law establishing the crime of misrepresentation by, or on behalf of, a caregiver for children

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2017-A11125 - Details

See Senate Version of this Bill:
S9070
Law Section:
Penal Law
Laws Affected:
Add §260.35, Pen L

2017-A11125 - Summary

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.

2017-A11125 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11125
 
                           I N  A S S E M B L Y
 
                               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:
 
   Section 1. This act shall be known and may be cited as "Lulu and Leo's
 law".
   §  2.  The penal law is amended by adding a new section 260.35 to read
 as follows:
 § 260.35 MISREPRESENTATION BY, OR ON BEHALF OF, A CAREGIVER FOR A  CHILD
            OR CHILDREN.
   1.  A  PERSON  IS  GUILTY  OF MISREPRESENTATION BY, OR ON BEHALF OF, A
 CAREGIVER FOR A CHILD OR CHILDREN WHEN HE OR SHE:
   (A) INTENTIONALLY MAKES  A  FALSE  WRITTEN  STATEMENT  ABOUT  HIMSELF,
 HERSELF,  OR  ANOTHER  PERSON  WHILE HE OR SHE, OR SUCH OTHER PERSON, IS
 BEING CONSIDERED FOR EMPLOYMENT, OR WHILE UNDER EMPLOYMENT AS A CAREGIV-
 ER TO A PARENT OR GUARDIAN OF A CHILD OR CHILDREN, OR  THE  AGENT  OF  A
 PARENT OR GUARDIAN, AND
   (B)  SUCH STATEMENT CONTAINS A MATERIALLY FALSE REPRESENTATION REGARD-
 ING THE CAREGIVER'S BACKGROUND RELATED TO THE ABILITY TO SAFELY CARE FOR
 A CHILD OR CHILDREN, AND
   (C) A REASONABLE PERSON WOULD  HAVE  RELIED  UPON  SUCH  STATEMENT  IN
 MAKING AN EMPLOYMENT DECISION.
   2.  FOR  THE PURPOSES OF THIS SECTION, "CAREGIVER" SHALL MEAN A PERSON
 EMPLOYED BY OR BEING CONSIDERED FOR EMPLOYMENT  TO  PROVIDE  FIFTEEN  OR
 MORE  HOURS  OF CARE PER WEEK TO A CHILD OR CHILDREN IN THE HOME OF SUCH
 CHILD OR CHILDREN OR IN THE HOME OF SUCH CAREGIVER, PROVIDED  THAT  SUCH
 TERM  SHALL  NOT  APPLY  TO  A  CHILD  DAY  CARE PROVIDER REQUIRED TO BE
 LICENSED PURSUANT TO THE SOCIAL SERVICES LAW.
   MISREPRESENTATION BY, OR ON BEHALF OF, A  CAREGIVER  FOR  A  CHILD  OR
 CHILDREN IS A CLASS B MISDEMEANOR.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

co-Sponsors

2017-A11125A (ACTIVE) - Details

See Senate Version of this Bill:
S9070
Law Section:
Penal Law
Laws Affected:
Add §260.35, Pen L

2017-A11125A (ACTIVE) - Summary

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.

2017-A11125A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 11125--A
 
                           I N  A S S E M B L Y
 
                               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:
 
   Section 1. This act shall be known and may be cited as "Lulu and Leo's
 law".
   §  2.  The penal law is amended by adding a new section 260.35 to read
 as follows:
 § 260.35 MISREPRESENTATION BY, OR ON BEHALF OF, A CAREGIVER FOR A  CHILD
            OR CHILDREN.
   1.  A  PERSON  IS  GUILTY  OF MISREPRESENTATION BY, OR ON BEHALF OF, A
 CAREGIVER FOR A CHILD OR CHILDREN WHEN HE OR SHE:
   (A) INTENTIONALLY MAKES  A  FALSE  WRITTEN  STATEMENT  ABOUT  HIMSELF,
 HERSELF,  OR  ANOTHER  PERSON  WHILE HE OR SHE, OR SUCH OTHER PERSON, IS
 BEING CONSIDERED FOR EMPLOYMENT, OR WHILE UNDER EMPLOYMENT AS A CAREGIV-
 ER TO A PARENT OR GUARDIAN OF A CHILD OR CHILDREN, OR  THE  AGENT  OF  A
 PARENT OR GUARDIAN, AND
   (B)  SUCH STATEMENT CONTAINS A MATERIALLY FALSE REPRESENTATION REGARD-
 ING THE CAREGIVER'S BACKGROUND RELATED TO THE ABILITY TO SAFELY CARE FOR
 A CHILD OR CHILDREN, AND
   (C) A REASONABLE PERSON WOULD  HAVE  RELIED  UPON  SUCH  STATEMENT  IN
 MAKING AN EMPLOYMENT DECISION.
   2.  FOR  THE PURPOSES OF THIS SECTION, "CAREGIVER" SHALL MEAN A PERSON
 EMPLOYED BY OR BEING CONSIDERED FOR EMPLOYMENT  TO  PROVIDE  FIFTEEN  OR
 MORE  HOURS  OF CARE PER WEEK TO A CHILD OR CHILDREN IN THE HOME OF SUCH
 CHILD OR CHILDREN OR IN THE HOME OF SUCH CAREGIVER, PROVIDED  THAT  SUCH
 TERM  SHALL  NOT  APPLY  TO  A  CHILD  DAY  CARE PROVIDER REQUIRED TO BE
 LICENSED PURSUANT TO THE SOCIAL SERVICES LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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