SB 391

CERTIFIED FACILITY DOG AUTHORIZED This bill authorizes a court to allow a certified facility dog to accompany a victim or other witness while testifying or in other court proceedings for the purpose of reducing the stress of the witness and to enhance the ability of the court to obtain full and accurate testimony. A "c ertified facility dog"" means a trained working dog that has (i) d ocumentation showing that the certified facility dog is a graduate of an assistance dog organization; ( ii ) a t least two years of train ing and passed the service dog public access test; ( iii ) a current annual certificate of health from a veterinarian licensed in this state; and ( iv ) p roof of liability insurance in the minimum amount of $500, 000 . If a certified facility dog is allowed to accompany a witness on the witness stand during a court proceeding in which a jury has been empaneled, then this bill requires (i) t he certified facility dog to be accompanied by a certified handler to and from the witness stand outside the presence of th e jury and the certified handler must maintain a position in the courtroom within view of the witness stand during the witness's testimony, and (ii) t he court to inform the jury of the presence of the certified facility dog and instruct the jury that the p resence of the certified facility dog must not be construed to prejudice any party. Additionally, during trial proceedings, the court must take all necessary precautions to obscure the presence of the certified facility dog from the jury as much as possib le. Certified Handler Qualifications As used in this bill, a ""certified handler"" means a person who has received training from an assistance dog organization and has received training on the protocols and policies of legal proceedings and the role of the certified facility dog and certified handler to ensure that there is no interference with the collection of evidence, presentation of testimony, or administration of justice . An "" a ssistance dog organization"" means a nonprofit organization that sets s tandards of training for the health, welfare, task work, and oversight of assistance dogs and assistance dog handlers . Identification Required This bill requires a certified facility dog to wear visible markings identifying the dog as a certified facil ity dog while working. Motion Required This bill requires the party seeking to use the certified facility dog to file a motion with the court requesting approval of the use of the certified facility dog, prior to the court proceeding. The court must examine and confirm the credentials of the certified facility dog and the certified handler."