Assembly Bill A11125

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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

Bill Amendments

co-Sponsors

2017-A11125 - Details

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

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.
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.