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Bill

S 9858

Amends the definition of mental health care provider for purposes of sex offenses

2025 Regular Session Introduced by Michelle Hinchey

Expands and clarifies who counts as a mental health care provider for sex-offense laws, including those who hold themselves out as licensed or registered under Education Law.

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Bill Summary · S 9858

Summary of Bill S 9858 (2025-2026, New York)

Purpose

To amend the definition of “mental health care provider” for purposes of sex offenses under New York Penal Law. The change clarifies and expands the list of individuals who are recognized as licensed or registered mental health care providers for legal provisions related to sex offenses.

Key Provisions

  • Amendment to Penal Law § 130.00(13): The bill revises how “mental health care provider” is defined.
    • The current (as amended by Chapter 636 of 2024) definition is retained and clarified to include:
    • Licensed physician
    • Licensed psychologist
    • Registered professional nurse
    • Licensed clinical social worker
    • Licensed master social worker (under the supervision of a physician, psychologist, or licensed clinical social worker)
    • Licensed mental health counselor
    • Licensed marriage and family therapist
    • It also includes “any person who holds themselves out to be licensed or registered or provides services as if they were licensed or registered” under:
    • Article 153, Article 154, or Article 163 of the Education Law (i.e., professional practice in the field of mental health)
  • The amendment codifies both the specified licensees and those who present themselves as if licensed, under the relevant Education Law articles.

Who/What Is Affected

  • Target population: Individuals charged with sex offenses under New York law, whose cases may involve requirements or considerations related to “mental health care providers.”
  • Affected professionals: The list of recognized mental health care providers for purposes of sex-offense related provisions includes the enumerated licensed professionals and those who hold themselves out as licensed or registered under the specified Education Law articles.
  • Legal and regulatory context: The change affects how certain professionals are categorized for statutory purposes in sex offenses prosecutions, determinations, or related proceedings.

Procedural and Timeline Details

  • Effective date: The act takes effect immediately upon enactment.
  • Legislative action: Referred to the Senate Committee on Codes on April 9, 2026. Sponsored by Senator Hinchey (co-sponsored by Michelle Hinchey).

Practical Implications

  • The bill provides a precise and potentially broader scope for who is considered a “mental health care provider” in the context of sex-offense laws.
  • By including individuals who “hold themselves out to be licensed or registered,” the bill emphasizes accountability for professional representation and practice, potentially affecting credentialing, prosecution, and defense in sex-offense cases.
  • The clarification aligns statutory definitions with professional practice standards under the Education Law, potentially affecting admissibility, expert qualifications, or mandatory reporting in relevant cases.

If you’d like, I can compare this definition to prior versions or outline how it interacts with specific sections of the Penal Law related to sex offenses.

Compiled from official sources — confirm details with the bill’s official record.

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