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Senate Bill S9229

2023-2024 Legislative Session

Relates to sex offenses involving mental health care providers

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

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2023-S9229 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§130.00 & 130.05, Pen L
Versions Introduced in 2025-2026 Legislative Session:
S3760

2023-S9229 (ACTIVE) - Summary

Expands the definition of mental health care provider for the purposes of the penal law; expands the conditions under which a person is deemed incapable of consent.

2023-S9229 (ACTIVE) - Sponsor Memo

2023-S9229 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9229
 
                             I N  S E N A T E
 
                                May 7, 2024
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation  to  sex  offenses  involving
   mental health care providers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 13 of section  130.00  of  the  penal  law,  as
 amended  by  chapter  230  of  the  laws  of 2004, is amended to read as
 follows:
   13. "Mental health care provider" [shall mean  a  licensed  physician,
 licensed  psychologist, registered professional nurse, licensed clinical
 social worker or a licensed master social worker under  the  supervision
 of  a  physician, psychologist or licensed clinical social worker] MEANS
 ANY PERSON WHO IS, OR IS REQUIRED TO BE, LICENSED OR REGISTERED OR HOLDS
 THEMSELF OUT TO BE LICENSED OR REGISTERED, OR PROVIDES  SERVICES  AS  IF
 THEY  WERE  LICENSED OR REGISTERED IN THE PROFESSIONS OF MEDICINE, NURS-
 ING, PSYCHOLOGY, SOCIAL WORK, MENTAL  HEALTH  COUNSELING,  MARRIAGE  AND
 FAMILY  THERAPY,  OR  PSYCHOANALYSIS UNDER ANY OF THE FOLLOWING: ARTICLE
 ONE HUNDRED THIRTY, ONE HUNDRED THIRTY-ONE, ONE HUNDRED THIRTY-NINE, ONE
 HUNDRED FIFTY-THREE, ONE HUNDRED FIFTY-FOUR, OR ONE HUNDRED  SIXTY-THREE
 OF THE EDUCATION LAW, OR ANY PERSON WHO OTHERWISE PROVIDES MENTAL HEALTH
 CARE OR LIFE COACHING SERVICES.
   §  2.  Paragraph  (h)  of subdivision 3 of section 130.05 of the penal
 law, as amended by section 2 of part G of chapter 501  of  the  laws  of
 2012, is amended to read as follows:
   (h)  a  client  or  patient and the actor is a health care provider or
 mental health care provider charged with rape in  the  third  degree  as
 defined  in  section  130.25, criminal sexual act in the third degree as
 defined in section 130.40, aggravated sexual abuse in the fourth  degree
 as  defined  in section 130.65-a, or sexual abuse in the third degree as
 defined in section 130.55, and the act of sexual conduct occurs during a
 treatment session, consultation, interview, or examination, OR,  IF  THE
 TREATMENT  IS  CONTINUING  IN  NATURE,  DURING  THE COURSE OF TREATMENT,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15367-02-4

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