What's happening
This bill creates "Jeremiah's Law," making it a class E felony to file a false report accusing a child under 13 of a crime.
Why it matters
Protects young children from harmful false accusations. By specifically targeting false reports that accuse children under 13 of crimes, the bill recognizes the unique vulnerability and potential long-term trauma that such accusations can cause to minors.
Raises the stakes for making false reports. Classifying this offense as a class E felony (a serious crime) is intended to deter individuals from making false accusations against children, signaling that such actions will have significant legal consequences.
Addresses misuse of law enforcement and judicial resources. False reports involving children can trigger costly and disruptive investigations, diverting resources away from legitimate cases and potentially undermining trust in the justice system.
Fills a gap in current law. While false reporting is already a crime, this bill creates a specific provision for cases involving young children, highlighting the legislature’s intent to offer extra protection to minors from reputational harm and legal jeopardy.
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Who cares
Headline styles
Felony for False Child Reports
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 14
No co-sponsors yet.
History
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Felony for False Kid Reports
In Assembly Committee · Codes · Sponsor Rodneyse Bichotte Hermelyn
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8578
IN SENATE
June 16, 2020
Introduced by Sen. COMRIE -- 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 "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 Assembly, do enact as follows:
Section 1. Short title. This act shall be known and may be cited as "Jeremiah's Law".
§ 2. The penal law is amended by adding a new section 240.49 to read as follows: § 240.49 Filing a false report concerning a minor.
A person is guilty of filing a false report concerning a minor when he or she falsely reports an incident in the third degree as described in section 240.50 of this article and the individual who is the accused subject of the report is a child under the age of thirteen years.
Filing a false report concerning a minor is a class E felony.
§ 3. This act shall take effect on the first of November next succeeding 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
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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.
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.
Effective date
The first of November next succeeding the date upon which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.