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.
STATE OF NEW YORK
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9070--A
IN SENATE
June 15, 2018
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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.
