Amends TCA Title 39, Chapter 13, Part 5.

Under present law, the Class E felony of sexual battery is unlawful sexual contact with a victim by the defendant or the defendant by a victim accompanied by any of the following circumstances: (1) Force or coercion is used to accomplish the act; (2) The sexual contact is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the contact that the victim did not consent; (3) The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or (4) The sexual contact is accomplished by fraud. This bill adds that a victim is incapable of consent if: (1) The sexual contact with the victim occurs during the course of a consultation, examination, ongoing treatment, therapy, or other provision of professional services described below; and (2) The defendant, whether licensed or not by the state, is a physician, psychologist, psychiatrist, therapist, social worker, nurse, chemical dependency counselor, member of the clergy, or other person who provides or purports to provide treatment for a mental, emotional, or physical condition, or an interpersonal relationship. ON APRIL 12, 2021, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1531, AS AMENDED. AMENDMENT #1 revises the description of the treatment providers in this bill from "a physician, psychologist, psychiatrist, therapist, social worker, nurse, chemical dependency counselor, member of the clergy, or other person who provides or purports to provide treatment for a mental, emotional, or physical condition, or an interpersonal relationship" to "a member of the clergy, healthcare professional, or alcohol and drug abuse counselor who was treating the victim for a mental, emotional, or physical condition."