New York A 6627: Relates to providing that an assault of a child where the defendant has a previous conviction for an assault of a child shall be an assault in the first degree

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A06627 Summary:

BILL NOA06627A

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SAME ASSAME AS S03760-A

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SPONSORRosenthal

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COSPNSRHevesi, Taylor, Cunningham

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MLTSPNSR

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Amd §§130.00 & 130.05, Pen L

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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 A06627 Actions:

BILL NOA06627A

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03/06/2025referred to codes

01/07/2026referred to codes

03/30/2026amend and recommit to codes

03/30/2026print number 6627a

Go to topA06627 Committee&nbspVotes:

Go to topA06627 Floor&nbspVotes:

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

Go to topA06627 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6627--A

 2025-2026 Regular Sessions

 IN ASSEMBLY

 March 6, 2025
 ___________

 Introduced by M. of A. ROSENTHAL, HEVESI, TAYLOR -- read once and
 referred to the Committee on Codes -- recommitted to the Committee on
 Codes in accordance with Assembly Rule 3, sec. 2 -- 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.
 LBD08143-04-6

 A. 6627--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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