Bill Text: NY A10105 | 2023-2024 | General Assembly | Amended

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 79-2)

Status: (Engrossed) 2024-06-06 - RETURNED TO ASSEMBLY [A10105 Detail]

Download: New_York-2023-A10105-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                        10105--B

                   IN ASSEMBLY

                                       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:

     1    Section 1. This act shall be known and may be cited as "Gittel's law".
     2    § 2. Subdivision 13 of section 130.00 of the penal law, as amended  by
     3  chapter 230 of the laws of 2004, is amended to read as 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 super-
     7  vision of a physician, psychologist or licensed clinical social  worker,
     8  licensed mental health counselor or a licensed marriage and family ther-
     9  apist.
    10    § 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