Senate Bill S9070

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 Via A11125 - 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

2017-S9070 - Details

Law Section:
Penal Law
Laws Affected:
Add §260.35, Pen L

2017-S9070 - 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-S9070 - Sponsor Memo

2017-S9070 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9070
 
                             I N  S E N A T E
 
                               June 15, 2018
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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 A MISDEMEANOR, PROVIDED THAT THE AUTHORIZED TERM  OF
 IMPRISONMENT SHALL NOT EXCEED SIX MONTHS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

2017-S9070A (ACTIVE) - Details

Law Section:
Penal Law
Laws Affected:
Add §260.35, Pen L

2017-S9070A (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-S9070A (ACTIVE) - Sponsor Memo

2017-S9070A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9070--A
 
                             I N  S E N A T E
 
                               June 15, 2018
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Rules  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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  A  MISDEMEANOR,  PROVIDED,  HOWEVER, THAT IF ANY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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