Bill Summary – FastDemocracy

Legislative Analysis
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COURTROOM SUPPORT DOGS
                                                                               http://www.house.mi.gov/hfa
Senate Bill 248 (H-1) as reported from House committee                         Analysis available at
Sponsor: Sen. Dan Lauwers                                                      http://www.legislature.mi.gov
House Committee: Judiciary
Senate Committee: Civil Rights, Judiciary, and Public Safety
Complete to 6-18-24
SUMMARY:
        Senate Bill 248 would amend the Revised Judicature Act to change the age (from under 16 to
        under 18) of child witnesses who are allowed to be accompanied by a courtroom support dog
        when testifying. The bill also would allow a dog trained and certified as a therapy dog by a
        therapy dog organization in Michigan that is recognized by the American Kennel Club to serve
        as a courtroom support dog.
        Section 2163a of the Revised Judicature Act authorizes special arrangements for witnesses in
        certain situations. Among other considerations, children who are 15 or younger can have a
        support dog sit with them, or nearby, when testifying as a victim-witness in cases involving
        child abuse and neglect or physical or sexual assault. The bill would change the applicable age
        for this provision to 17 or younger.
        In addition, the act currently defines courtroom support dog as a dog that meets either of the
        following:
            • It has been trained and evaluated as a support dog under Assistance Dogs International
                standards for guide or service work and is repurposed and appropriate for providing
                emotional support to children and adults in the court or legal system.
            • It performed the duties of a courtroom support dog before September 27, 2018 (the
                effective date of the public act that expressly authorized use of the dogs in Michigan 1).
        The bill would retain the above provisions and additionally provide that a dog that is trained
        and certified as a therapy dog by a therapy dog organization in Michigan that is recognized by
        the American Kennel Club can be a courtroom support dog under section 2163a.
        The bill would take effect 90 days after it is enacted.
        MCL 600.2163a
BRIEF DISCUSSION:
        Testifying in a courtroom is typically a stressful occasion for anyone. For young or vulnerable
        victims of abusive, assaultive, or violative crimes, testifying about those traumatic events (and
        thus, in a sense, reliving them) is often itself very traumatic. Courtroom dogs reduce anxiety
        and provide a calming point of focus for individuals in these situations. This helps them testify
1
 See https://www.legislature.mi.gov/documents/2017-2018/billanalysis/House/pdf/2017-HLA-5645-
CFEC3FBF.pdf
House Fiscal Agency                                                                              Page 1 of 2
        more clearly and accurately. At least 20 states, including Michigan, have laws that allow for
        the use of courtroom dogs in some legal proceedings, 2 and dogs are also used in several other
        states that do not specifically provide for them in statute. The bill would extend the availability
        of the dogs to 16- and 17-year-olds, as described above. It would also allow certified therapy
        dogs to be used in this role, which would expand the number and kinds of dogs available to
        courts for this purpose. Currently, only dogs trained as service dogs under Assistance Dogs
        International standards3 can qualify (except for dogs that were grandfathered in when the
        enabling legislation was passed). Some have argued that therapy dogs are better suited to the
        courtroom dog role, as they are prepared to interact with people they encounter, while service
        dogs are trained to ignore everyone except their owner. Concerns were raised in House
        committee testimony about whether dogs’ handlers should themselves have specific training
        tailored to a courtroom environment.
FISCAL IMPACT:
        Senate Bill 248 would have no fiscal impact on the state or on local units of government.
POSITIONS:
        A representative of West Michigan Therapy testified in support of the bill. (10-4-23)
        The following entities indicated support for the bill (10-4-23):
           • Attorneys for Animals, Inc.
           • Michigan Coalition to End Domestic and Sexual Violence
           • Michigan Humane
           • Michigan Judges Association
           • Prosecuting Attorneys of Michigan
           • State Bar of Michigan
           • State Bar of Michigan Animal Law Section
        A representative of Canine Advocates testified in opposition to the bill. (10-4-23)
                                                            Legislative Analyst: Rick Yuille
                                                                 Fiscal Analyst: Robin Risko
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
2
 https://www.animallaw.info/content/facility-dogscourthouse-support-dogs
3
 https://assistancedogsinternational.org/clientuploads/Summary%20of%20Standards/2024_ADI_Summary_of_Stan
dards.pdf
House Fiscal Agency                                                   SB 248 (H-1) as reported   Page 2 of 2
Statutes affected: 
Substitute (S-1): 600.2163
Substitute (H-1): 600.2163
Senate Introduced Bill: 600.2163
As Passed by the Senate: 600.2163
As Passed by the House: 600.2163
Senate Concurred Bill: 600.2163