A07049 Summary:
BILL NO | A07049 |
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SAME AS | No Same As |
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SPONSOR | Bichotte Hermelyn |
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COSPNSR | Meeks, Zinerman, Jackson, Simon, Gibbs, O'Pharrow, Hooks, Tapia |
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MLTSPNSR | |
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Add §240.49, Pen L | |
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Enacts "Jeremiah's law"; establishes the offense of filing a false report concerning a minor. |
A07049 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A7049 SPONSOR: Bichotte Hermelyn
  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 OR GENERAL IDEA OF BILL: The purpose of this bill is to establish the offense of filing a false report concerning a minor   SUMMARY OF SPECIFIC 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.   PRIOR LEGISLATIVE HISTORY: 01/03/24 referred to codes 02/08/23 referred to codes 2021-22: A5322, referred to codes 2019-20: A3430; referred to codes 2017-18: A11391; referred to codes   FISCAL IMPLICATIONS: None.