Bill Text: NY S09070 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          9070
                    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
        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 that the authorized term  of
    27  imprisonment shall not exceed six months.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15527-12-8
        S. 9070                             2
     1    §  3.  This  act  shall take effect on the sixtieth day after it shall
     2  have become a law.