New York S 3760: Relates to sex offenses involving mental health care providers

Bill Text

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S03760 Summary:

BILL NOS03760A

&nbsp

SAME ASSAME AS A06627-A

&nbsp

SPONSORCLEARE

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §§130.00 & 130.05, Pen L

&nbsp

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.

Go to top S03760 Actions:

BILL NOS03760A

&nbsp

01/29/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

03/31/2026AMEND AND RECOMMIT TO CODES

03/31/2026PRINT NUMBER 3760A

Go to topS03760 Committee&nbspVotes:

Go to topS03760 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS03760 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3760--A

 2025-2026 Regular Sessions

 IN SENATE

 January 29, 2025
 ___________

 Introduced by Sen. CLEARE -- read twice and ordered printed, and when
 printed to be committed to the Committee on Codes -- recommitted to
 the Committee on Codes in accordance with Senate Rule 6, sec. 8 --
 committee discharged, bill amended, ordered reprinted as amended and
 recommitted to said committee

 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 636 of the laws of 2024, 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, licensed master social worker under the supervision of a
 7 physician, psychologist or licensed clinical social worker, licensed
 8 mental health counselor or a licensed marriage and family therapist]
 9 means any person who is, or is required to be, licensed or registered or
 10 holds themself out to be licensed or registered, or provides services as
 11 if they were licensed or registered in the professions of medicine,
 12 nursing, psychology, social work, mental health counseling, marriage and
 13 family therapy, creative arts therapy, or psychoanalysis under any of
 14 the following: article one hundred thirty, one hundred thirty-one, one
 15 hundred thirty-nine, one hundred fifty-three, one hundred fifty-four, or
 16 one hundred sixty-three of the education law.
 17 § 2. Paragraph (h) of subdivision 3 of section 130.05 of the penal
 18 law, as amended by chapter 23 of the laws of 2024, is amended to read as
 19 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, a crime formerly defined in section 130.40,

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08143-05-6

 S. 3760--A 2

 1 aggravated sexual abuse in the fourth degree as defined in section
 2 130.65-a, or sexual abuse in the third degree as defined in section
 3 130.55, and the act of sexual conduct occurs during a treatment session,
 4 consultation, interview, or examination, or, if the treatment is contin-
 5 uing in nature, during the course of treatment, whether or not the act
 6 of sexual conduct occurs during a treatment session, consultation,
 7 interview, or examination; or
 8 § 3. This act shall take effect on the ninetieth day after it shall
 9 have become a law.

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