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
              

 S. 9229                             2
 
 WHETHER OR NOT THE ACT OF  SEXUAL  CONDUCT  OCCURS  DURING  A  TREATMENT
 SESSION, CONSULTATION, INTERVIEW, OR EXAMINATION; or
   §  3.  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
 130.55, and the act of sexual conduct occurs during a treatment session,
 consultation, interview, or examination, OR, IF THE TREATMENT IS CONTIN-
 UING  IN  NATURE, DURING THE COURSE OF TREATMENT, WHETHER OR NOT THE ACT
 OF SEXUAL CONDUCT  OCCURS  DURING  A  TREATMENT  SESSION,  CONSULTATION,
 INTERVIEW, OR EXAMINATION; or
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided, however, that if chapter 23 of the laws  of
 2024  shall  not  have  taken effect on or before such date then section
 three of this act shall take effect on the same date  and  in  the  same
 manner as such chapter of the laws of 2024 takes effect.