Bill Text: TX HB1636 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: Relating to allowing therapy or facility dogs to accompany a child or a person with a disability during testimony in certain criminal cases.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-04-19 - Left pending in committee [HB1636 Detail]

Download: Texas-2021-HB1636-Introduced.html

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87R788 MEW-D
By: Sherman, Sr. H.B. No. 1636

A BILL TO BE ENTITLED
AN ACT
relating to allowing therapy or facility dogs to accompany a child
or a person with a disability during testimony in certain criminal
cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 38, Code of Criminal Procedure, is
amended by adding Article 38.077 to read as follows:
Art. 38.077. TESTIMONY OF CHILD OR PERSON WITH DISABILITY;
AUTHORIZING THERAPY OR FACILITY DOGS FOR CERTAIN CRIMINAL
PROCEEDINGS. (a) In this article:
(1) "Assistance dog organization" means an
organization that is an accredited member of Assistance Dogs
International or a similar nonprofit organization that grants
accreditation to an organization based on the organization's
adherence to standards of excellence in assistance dog acquisition,
training, and placement.
(2) "Child" means a person younger than 18 years of
age.
(3) "Facility dog" means a dog that has:
(A) successfully completed a training program
that is provided by an assistance dog organization on providing
emotional comfort in a high-stress environment for the purpose of
enhancing a witness's ability to speak during a judicial hearing or
proceeding and reducing the witness's stress level; and
(B) passed the Assistance Dogs International
Public Access Certification Test, or a test having standards
substantially similar to the standards of the Assistance Dogs
International Public Access Certification Test in effect on
September 1, 2021.
(4) "Handler" means a person who has:
(A) successfully completed training on offering
an animal for assistance purposes that is provided by an assistance
dog organization or Alliance of Therapy Dogs or a similar nonprofit
organization; and
(B) received additional training regarding
policies and protocols of the court and the responsibilities of a
courtroom dog handler.
(5) "Person with a disability" means a person with one
or more documented physical or mental impairments, or who is
regarded as having one or more physical or mental impairments, that
substantially limit the person's ability to perform major life
activities.
(6) "Therapy dog" means a dog that has:
(A) successfully completed training,
certification, or evaluation on providing emotional support
therapy in public settings, including hospitals, nursing homes, and
schools, that is provided by the American Kennel Club, Alliance of
Therapy Dogs, or a similar nonprofit organization; and
(B) been performing duties related to providing
emotional support therapy for not less than one year.
(b) This article applies to the testimony of a witness who
is:
(1) a person with a disability in any hearing or
proceeding in the prosecution of an offense; or
(2) a child in any hearing or proceeding in the
prosecution of an offense under any of the following provisions:
(A) Chapter 481, Health and Safety Code
(Controlled Substances Act), if the offense was committed under
Section 481.122 (Offense: Delivery of Controlled Substance or
Marihuana to Child) or the penalty for the offense may be increased
under Section 481.1122 (Manufacture of Substance In Penalty Group
1: Presence of Child) or 481.140 (Use of Child in Commission of
Offense);
(B) Title 5, Penal Code (Offenses Against The
Person);
(C) Section 25.02, Penal Code (Prohibited Sexual
Conduct);
(D) Section 25.11, Penal Code (Continuous
Violence Against The Family);
(E) Section 28.02, Penal Code (Arson);
(F) Chapter 29, Penal Code (Robbery);
(G) Section 30.02, Penal Code (Burglary), if the
offense is punishable under Subsection (d) of that section;
(H) Section 31.03, Penal Code (Theft), if the
offense is punishable under Subsection (e)(4)(C) of that section;
(I) Section 36.06, Penal Code (Obstruction or
Retaliation);
(J) Section 43.05, Penal Code (Compelling
Prostitution);
(K) Section 43.25, Penal Code (Sexual
Performance by a Child); or
(L) Section 15.01 (Criminal Attempt) or 15.02
(Conspiracy), Penal Code, if the actor intended to commit an
offense described by Paragraph (A), (B), (C), (D), (E), (F), (G),
(H), (I), (J), or (K).
(c) On the motion of any party, or a parent, managing
conservator, guardian, guardian ad litem of a child or a person with
a disability, or special advocate for a child, the court may allow a
witness who is a child or a person with a disability to have a
therapy or facility dog accompany the witness during that witness's
testimony if:
(1) a therapy or facility dog is available to the party
within the judicial district in which the court is located; and
(2) the court finds by a preponderance of the evidence
that:
(A) the therapy or facility dog and the dog's
handler are suitably qualified and will reasonably assist the
witness; and
(B) granting the motion is not likely to:
(i) prejudice the trier of fact in
evaluating the witness' testimony; or
(ii) cause undue disruption to the hearing
or proceeding.
(d) A motion under Subsection (c) must include:
(1) information regarding:
(A) the training or credentials of the therapy or
facility dog; and
(B) the name and training of the dog's handler;
and
(2) evidence that the presence of the therapy or
facility dog may reduce the anxiety of or otherwise be helpful to
the witness.
(e) The court shall take appropriate measures to ensure the
presence of a therapy or facility dog is as unobtrusive and
nondisruptive as possible, including requiring the dog's handler to
accompany the dog in the courtroom at all times.
(f) If a therapy or facility dog is used during a jury trial,
on request of any party, the court shall provide appropriate
instruction to the jury regarding the presence of the dog and the
dog's handler to prevent prejudice for or against any party.
(g) This section does not prevent the court from removing or
excluding a therapy or facility dog from the courtroom to maintain
order or ensure the fair presentation of evidence.
SECTION 2. The change in law made by this Act applies to a
criminal proceeding that commences on or after the effective date
of this Act. A criminal proceeding that commences before the
effective date of this Act is governed by the law in effect when the
proceeding commenced, and the former law is continued in effect for
that purpose.
SECTION 3. This Act takes effect September 1, 2021.