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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10105B
SPONSOR: Berger TITLE OF BILL:
An act to amend the penal law, in relation to expanding the definition
of mental health care provider for purposes of certain sex offenses
PURPOSE OR GENERAL IDEA OF BILL:
This bill would amend penal law to broaden the definition of mental
health care provider to include additional licenses in relation to
certain sex offenses occurring between the provider and their patient.
SUMMARY OF PROVISIONS:
Section 1 of the bill would establish the title of the act as "Gittel's
law".
Section 2 of the bill would amend the definition of mental health care
provider for the purposes of certain sex offenses to include licensed
mental health counselor or a licensed marriage and family therapist.
Section 3 of the bill would establish the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
The B print of the bill amends the definition of mental health care
provider to include a licensed mental health counselor or a licensed
marriage and family therapist.
JUSTIFICATION:
The term "mental health care provider" was defined in 2000 in Article
130.00 subsection 13 of the penal law which deals with sex offenses.
The definition has become restrictive in nature since the subsection was
amended in 2004, which failed to contemplate an expansion of licenses in
the mental health field. This legislation recognizes the growth of
licensed mental health professions and expands the definition to ensure
protection for patients from being exploited.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
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
