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Bill

A 10940

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

2025 Regular Session Introduced by Didi Barrett

Expands who is a mental health care provider for sex offenses to include licensed, registered, or pretending professionals in listed Education Law fields.

PRINT NUMBER 10940A
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WeVote Research Nonpartisan
Bill Summary · A 10940

Overview

Bill A10940 proposes to expand the definition of “mental health care provider” for purposes of sex offenses under New York Penal Law. The expansion would include additional categories of professionals who are licensed, registered, or who present themselves as licensed/registered, or who provide services as if they were licensed or registered. The bill amendments would align the definition with a broader range of mental health professionals currently governed by various education laws.

Main purpose and intent

  • To broaden the scope of individuals who are recognized as “mental health care providers” in the context of sex offenses.
  • By expanding who is covered, the bill aims to enhance the reach of statutory provisions that apply to sex offenses involving mental health providers, potentially affecting prosecution, sentencing considerations, and related criminal justice procedures.

Key provisions and changes

  • Section amended: Subdivision 13 of section 130.00 of the Penal Law, as amended by chapter 636 of the laws of 2024.
  • Amended definition to include:
    • Any person who is, or is required to be, licensed or registered.
    • Any person who holds themselves out to be licensed or registered.
    • Any person who provides services as if they were licensed or registered.
    • The included professions align with licensure or registration under the Education Law, specifically:
    • Licensed physician
    • Licensed psychologist
    • Registered professional nurse
    • Licensed clinical social worker
    • Licensed master social worker (under supervision of a physician, psychologist, or licensed clinical social worker)
    • Licensed mental health counselor
    • Licensed marriage and family therapist
  • These provisions are tied to articles 153, 154, or 163 of the Education Law (which govern the listed professional licenses).

Who or what would be affected

  • Individuals who are:
    • Licensed or registered in the listed mental health professions.
    • Required to be licensed or registered by law.
    • Acting in a professional capacity and presenting themselves as licensed or registered.
    • Providing services as though they are licensed or registered.
  • The expansion affects how sex offenses involving a mental health care provider are defined for purposes of legal proceedings, potential charges, and related mechanisms within the Penal Law.

Procedural and timeline aspects

  • Introduced in the 2025-2026 session and referred to the Committee on Codes.
  • The bill was amended and reprinted as A10940A, with the amended version recommitted to the Codes Committee.
  • Effective date: Immediate upon enactment (takes effect immediately).

Additional notes

  • The bill is a clarifying or expanding change to the existing definition rather than creating a new offense.
  • The change emphasizes the role of a broader set of mental health professionals in the context of sex offenses, potentially impacting how evidence, disclosures, or professional conduct issues are handled in cases involving these providers.
  • This summary reflects the text as filed and amended up to A10940A; further amendments or committee actions could alter provisions.

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

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