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Senate Bill S3760

2025-2026 Legislative Session

Relates to sex offenses involving mental health care providers

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Current Bill Status - In Senate Committee Codes Committee

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2025-S3760 (ACTIVE) - Details

See Assembly Version of this Bill:
A6627
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§130.00 & 130.05, Pen L
Versions Introduced in 2023-2024 Legislative Session:
S9229

2025-S3760 (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.

2025-S3760 (ACTIVE) - Sponsor Memo

2025-S3760 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3760
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2025
                                ___________
 
 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  636  of  the  laws  of 2024, 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, licensed master social worker under the supervision of  a
 physician,  psychologist  or  licensed  clinical social worker, licensed
 mental health counselor or a licensed  marriage  and  family  therapist]
 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,
 NURSING, 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 chapter 23 of the laws of 2024, 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, a crime formerly 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08143-01-5

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