Bill Text: NY S09070 | 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 (Republican 1-0)

Status: (Introduced - Dead) 2018-06-19 - SUBSTITUTED BY A11125A [S09070 Detail]

Download: New_York-2017-S09070-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         9070--A
                    IN SENATE
                                      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:
     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.
    25    Misrepresentation by, or on behalf of, a  caregiver  for  a  child  or
    26  children  is  a  class  A  misdemeanor,  provided,  however, that if any
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15527-15-8
        S. 9070--A                          2
     1  sentence of imprisonment is imposed for a conviction under this section,
     2  term of imprisonment shall not exceed six months.
     3    §  3.  This  act  shall take effect on the sixtieth day after it shall
     4  have become a law.