BILL NUMBER: S3760
SPONSOR: CLEARE
 
TITLE OF BILL:
An act to amend the penal law, in relation to sex offenses involving
mental health care providers
 
PURPOSE OR GENERAL IDEA OF BILL:
To close a loophole in the present law that allows mental health acre
providers to avoid punishment for sex offenses committed by mental
health care providers.
 
SUMMARY OF PROVISIONS:
The bill both expands the definition of mental health care provider and
the type, manner and mode of conduct that can be considered a sex
offense.
 
JUSTIFICATION:
Our present law is found lacking with respect to protecting those who
have had crimes of a sexual nature perpetrated upon them by mental
health professionals. The current statutory standard requires that the
conduct must take place "during a treatment session, consultation,
interview, or examination". However, lived experience shows that sex
offenses almost always occur, or continue outside these very rigid
settings. Furthermore, the health care professionals seem to know this
and structure their conduct to avoid prosecution. This is unacceptable,
particularly given that it is well-established that, due to the imbal-
ance of power in the relationship, sexual contact between a psychothera-
pist or physician and his or her patient is extremely damaging to the
patient. In fact, the harm that results is akin to the harm caused by
incest. This bill will close the loophole and hold those who abuse posi-
tions of trust accountable.
 
PRIOR LEGISLATIVE HISTORY:
New In 2024.
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect 90 days after enactment.

Statutes affected:
S3760: 130.00 penal law, 130.00(13) penal law, 130.05 penal law, 130.05(3) penal law