Assembly Bill A10105

2023-2024 Legislative Session

Enacts "Gittel's law"

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate & Assembly

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2023-A10105 - Details

Law Section:
Penal Law
Laws Affected:
Amd §130.00, Pen L

2023-A10105 - Summary

Expands the definition of mental health care provider to include licensed mental health counselors and licensed marriage and family therapists, for purposes of certain sex offenses committed during a treatment session, consultation, interview, or examination.

2023-A10105 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10105
 
                           I N  A S S E M B L Y
 
                                May 3, 2024
                                ___________
 
 Introduced by M. of A. BERGER -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to amend the penal law, in relation to expanding the definition
   of mental health care provider for purposes of certain sex offenses
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be cited as "Gittel's law".
   §  2. 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  super-
 vision  of  a physician, psychologist or licensed clinical social worker
 OR ANY OTHER MENTAL HEALTH PROFESSIONAL OR PRACTITIONER LICENSED  PURSU-
 ANT TO TITLE EIGHT OF THE EDUCATION LAW.
   § 3. This act shall take effect immediately.
 
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15343-02-4

co-Sponsors

2023-A10105A - Details

Law Section:
Penal Law
Laws Affected:
Amd §130.00, Pen L

2023-A10105A - Summary

Expands the definition of mental health care provider to include licensed mental health counselors and licensed marriage and family therapists, for purposes of certain sex offenses committed during a treatment session, consultation, interview, or examination.

2023-A10105A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10105--A
 
                           I N  A S S E M B L Y
 
                                May 3, 2024
                                ___________
 
 Introduced by M. of A. BERGER, LUNSFORD, SHIMSKY, BARRETT, SIMON -- read
   once  and  referred to the Committee on Codes -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 AN  ACT  to amend the penal law, in relation to expanding the definition
   of mental health care provider for purposes of certain sex offenses

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as "Gittel's law".
   §  2. 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  super-
 vision  of a physician, psychologist or licensed clinical social worker,
 MENTAL HEALTH PRACTITIONER  OR  ANY  OTHER  MENTAL  HEALTH  PROFESSIONAL
 LICENSED OR CERTIFIED PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW.
   § 3. This act shall take effect immediately.
 
 

 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15343-04-4

co-Sponsors

2023-A10105B (ACTIVE) - Details

Law Section:
Penal Law
Laws Affected:
Amd §130.00, Pen L

2023-A10105B (ACTIVE) - Summary

Expands the definition of mental health care provider to include licensed mental health counselors and licensed marriage and family therapists, for purposes of certain sex offenses committed during a treatment session, consultation, interview, or examination.

2023-A10105B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10105--B
 
                           I N  A S S E M B L Y
 
                                May 3, 2024
                                ___________
 
 Introduced  by  M.  of  A.  BERGER,  LUNSFORD,  SHIMSKY, BARRETT, SIMON,
   CUNNINGHAM, EACHUS, L. ROSENTHAL,  SILLITTI,  AUBRY,  RIVERA,  HUNTER,
   REYES,  SEPTIMO,  LAVINE,  RAJKUMAR,  BUTTENSCHON,  ALVAREZ,  HYNDMAN,
   SANTABARBARA, THIELE, GLICK, ZINERMAN, FAHY, TAPIA,  McDONALD,  JACOB-
   SON,  DAVILA,  CRUZ,  STECK,  SOLAGES, PHEFFER AMATO, GUNTHER, WEPRIN,
   STERN, SAYEGH, BORES, ROZIC, ZEBROWSKI, STIRPE, CONRAD, HEVESI,  WOER-
   NER, ARDILA, ANDERSON, KIM, LUPARDO, WALLACE, COOK, DINOWITZ, BRONSON,
   McMAHON,  PRETLOW,  TAYLOR,  GIBBS, EPSTEIN, PAULIN, LEVENBERG, VANEL,
   JONES,  DE LOS SANTOS,  BURDICK,  SIMONE,  GONZALEZ-ROJAS,  MORINELLO,
   CLARK,  DAIS,  BICHOTTE HERMELYN,  BRAUNSTEIN,  RAMOS,  WALKER,  OTIS,
   ZACCARO, KELLES, COLTON, BENEDETTO, MAHER, FALL, BURGOS, DILAN -- read
   once and referred to the Committee on Codes --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- reported and referred to the Committee on Rules --  Rules
   Committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to the Committee on Rules
 
 AN ACT to amend the penal law, in relation to expanding  the  definition
   of mental health care provider for purposes of certain sex offenses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as "Gittel's law".
   § 2. 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 super-
 vision of a physician, psychologist or licensed clinical social  worker,
 LICENSED MENTAL HEALTH COUNSELOR OR A LICENSED MARRIAGE AND FAMILY THER-
 APIST.
   § 3. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15343-06-4

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