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