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Senate Bill S8229A

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 - In Senate Committee Rules Committee

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Bill Amendments

co-Sponsors

2017-S8229 - Details

Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Add §260.35, Pen L

2017-S8229 - 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; class A misdemeanor.

2017-S8229 - Sponsor Memo

2017-S8229 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8229
 
                             I N  S E N A T E
 
                              April 20, 2018
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to enacting "Lulu  and  Leo's
   law"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. 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 175.50 to read
 as follows:
 § 175.50 OFFERING A FRAUDULENT  CHILD  CARE  EMPLOYMENT  APPLICATION  OR
            REFERENCE.
   A  PERSON  IS  GUILTY  OF  OFFERING A FRAUDULENT CHILD CARE EMPLOYMENT
 APPLICATION OR REFERENCE WHEN:
   1. HE OR SHE KNOWINGLY PROVIDES A WRITTEN INSTRUMENT  TO  A  POTENTIAL
 EMPLOYER WHICH PURPORTS TO DESCRIBE THE CHILD CARE EMPLOYMENT HISTORY OF
 SUCH  PERSON, INCLUDING BUT NOT LIMITED TO FORMER CHILD CARE REFERENCES,
 WHICH HE OR SHE KNOWS IS INACCURATE IN SOME MATERIAL RESPECT; OR
   2. HE OR SHE KNOWINGLY PROVIDES A  REFERENCE  FOR  ANOTHER  INDIVIDUAL
 SEEKING EMPLOYMENT AS A CHILD CARE WORKER TO A POTENTIAL EMPLOYER, WHICH
 HE OR SHE KNOWS IS INACCURATE IN SOME MATERIAL RESPECT.
   OFFERING  A  FRAUDULENT CHILD CARE EMPLOYMENT APPLICATION OR REFERENCE
 IS A CLASS E FELONY.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15467-02-8

co-Sponsors

2017-S8229A (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Add §260.35, Pen L

2017-S8229A (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; class A misdemeanor.

2017-S8229A (ACTIVE) - Sponsor Memo

2017-S8229A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8229--A
     Cal. No. 1009
 
                             I N  S E N A T E
 
                              April 20, 2018
                                ___________
 
 Introduced  by  Sens. LANZA, HOYLMAN, KAMINSKY -- read twice and ordered
   printed, and when printed to be committed to the Committee on Codes --
   reported favorably from said committee, ordered to  first  and  second
   report,  ordered  to  a  third reading, amended and ordered reprinted,
   retaining its place in the order of third reading

 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 TEN 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 A MISDEMEANOR.

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