Bill Text: NY S09229 | 2023-2024 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-07 - REFERRED TO CODES [S09229 Detail]

Download: New_York-2023-S09229-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9229

                    IN SENATE

                                       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:

     1    Section 1. Subdivision 13 of section  130.00  of  the  penal  law,  as
     2  amended  by  chapter  230  of  the  laws  of 2004, is amended to read as
     3  follows:
     4    13. "Mental health care provider" [shall mean  a  licensed  physician,
     5  licensed  psychologist, registered professional nurse, licensed clinical
     6  social worker or a licensed master social worker under  the  supervision
     7  of  a  physician, psychologist or licensed clinical social worker] means
     8  any person who is, or is required to be, licensed or registered or holds
     9  themself out to be licensed or registered, or provides  services  as  if
    10  they  were  licensed or registered in the professions of medicine, nurs-
    11  ing, psychology, social work, mental  health  counseling,  marriage  and
    12  family  therapy,  or  psychoanalysis under any of the following: article
    13  one hundred thirty, one hundred thirty-one, one hundred thirty-nine, one
    14  hundred fifty-three, one hundred fifty-four, or one hundred  sixty-three
    15  of the education law, or any person who otherwise provides mental health
    16  care or life coaching services.
    17    §  2.  Paragraph  (h)  of subdivision 3 of section 130.05 of the penal
    18  law, as amended by section 2 of part G of chapter 501  of  the  laws  of
    19  2012, is amended to read as follows:
    20    (h)  a  client  or  patient and the actor is a health care provider or
    21  mental health care provider charged with rape in  the  third  degree  as
    22  defined  in  section  130.25, criminal sexual act in the third degree as
    23  defined in section 130.40, aggravated sexual abuse in the fourth  degree
    24  as  defined  in section 130.65-a, or sexual abuse in the third degree as
    25  defined in section 130.55, and the act of sexual conduct occurs during a
    26  treatment session, consultation, interview, or examination, or,  if  the
    27  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
        S. 9229                             2

     1  whether or not the act of  sexual  conduct  occurs  during  a  treatment
     2  session, consultation, interview, or examination; or
     3    §  3.  Paragraph  (h)  of subdivision 3 of section 130.05 of the penal
     4  law, as amended by chapter 23 of the laws of 2024, is amended to read as
     5  follows:
     6    (h) a client or patient and the actor is a  health  care  provider  or
     7  mental  health  care  provider  charged with rape in the third degree as
     8  defined in section 130.25, a crime formerly defined in  section  130.40,
     9  aggravated  sexual  abuse  in  the  fourth  degree as defined in section
    10  130.65-a, or sexual abuse in the third  degree  as  defined  in  section
    11  130.55, and the act of sexual conduct occurs during a treatment session,
    12  consultation, interview, or examination, or, if the treatment is contin-
    13  uing  in  nature, during the course of treatment, whether or not the act
    14  of sexual conduct  occurs  during  a  treatment  session,  consultation,
    15  interview, or examination; or
    16    §  4.  This  act shall take effect on the ninetieth day after it shall
    17  have become a law; provided, however, that if chapter 23 of the laws  of
    18  2024  shall  not  have  taken effect on or before such date then section
    19  three of this act shall take effect on the same date  and  in  the  same
    20  manner as such chapter of the laws of 2024 takes effect.