NEW YORK STATE ASSEMBLY

MEMORANDUM IN SUPPORT OF LEGISLATION

submitted in accordance with Assembly Rule III, Sec 1(f)
BILL no. XXXX
BILL NUMBER:

SPONSOR:

TITLE OF BILL: Enacts the Jeremiah’s law; relates to the misuse of 911
against minors under 13 years of age

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 concerning a minor when he or she falsely reports an
incident in the third degree. 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, “Jeremiah” 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 the
video footage that this black 9-year old child did not “sexually assault” Ms.
Klein. The video showed the child's backpack brushing Ms. Klein’s backside as
he passing by.

Although she apologized after watching the surveillance video, 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, Jeremiah who was with his mother,
might have been arrested and detained in the Juvenile Court.

Ms. Klein's behavior echoes 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 look 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:

This is a new bill.

FISCAL IMPLICATIONS:

None.