NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3430
SPONSOR: Bichotte TITLE OF BILL:
An act to amend the penal law, in relation to establishing "Jeremiah's
Law" relating to establishing the offense of filing a false report
concerning a minor
PURPOSE:
The purpose of this bill is to establish the offense of filing a false
report concerning a minor
SUMMARY OF PROVISIONS:
Section 1: this act shall be known and may be cited as the "Jeremiah's
law"
Section 2: to amend the penal law, in relation to establishing the
offense of filing a false report in the third degree that concerns a
minor. Filing a false report regarding a minor under 13 years old is a
Class E Felony
JUSTIFICATION:
On October 12, 2018, the actions of Ms. Teresa Klein, a resident of the
Flatbush community, traumatized a young black 9-year old child, "Jeremi-
ah" by falsely accusing him of groping her.
The incident, which took place at the Sahara Deli Market in Flatbush,
Brooklyn, was videotaped and quickly went viral. It is very clear from
deli store's surveillance camera that this black 9-year old child did
not "sexually assault" Ms. Klein. The video showed that it was merely
the child's backpack brushing Ms. Klein's backside as he passed by.
Although she apologized after watching the surveillance footage, her
false accusation against this child will leave him with a traumatic
experience which will stay with him for the rest of his life.
If it were not for the surveillance camera and, if she actually called
the police, Jeremiah who was with his mother, might have been arrested,
or worse.
Ms. Klein is not alone in her actions. She joins a group of individuals
consisting of Hilary Broke Mueller aka "Hallway Hilary", Allison Ettel
aka "Permit Patty", Jennifer Schulte aka "BBQ Betty", Stephanie SebbyS-
trempel aka "Pool Patrol Paula", and many others who have called the
authorities for seemingly arbitrary reasons.
Also, Ms. Klein's behaviors echo an ugly past in our country's history
going back to the brutal torture and murder of Emmett Till. Till, 14,
Black, was falsely accused of "wolf whistling" at a white woman and as a
result was abducted from a visiting relative, beaten and mutilated him
before he was shot in the head and body sunk in the Tallahatchie River
in the Mississippi Delta. This provide a clear and tragic example of
what can happen to children of color when they are presumed guilty by
our society.
We cannot allow racial incidents of public intimidation, especially
those directed at children, to go unanswered. This bill looks to the
enforcement of the Constitution's Equal Protection Clause. A Person
guilty of filing a false report against a minor under 13 years old which
be charged with a Class E Felony and may serve Jail time.
LEGISLATIVE HISTORY:
2017-18: A11391; referred to codes
FISCAL IMPLICATIONS:
None.
STATE OF NEW YORK
________________________________________________________________________
3430
2019-2020 Regular Sessions
IN ASSEMBLY
January 29, 2019
___________
Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to establishing "Jeremiah's
Law" relating to establishing the offense of filing a false report
concerning a minor
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 "Jeremiah's Law".
3 § 2. The penal law is amended by adding a new section 240.49 to read
4 as follows:
5 § 240.49 Filing a false report concerning a minor.
6 A person is guilty of filing a false report concerning a minor when he
7 or she falsely reports an incident in the third degree as described in
8 section 240.50 of this article and the individual who is the accused
9 subject of the report is a child under the age of thirteen years.
10 Filing a false report concerning a minor is a class E felony.
11 § 3. This act shall take effect on the first of November next succeed-
12 ing the date upon which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07525-01-9
