Existing law authorizes a minor who is a witness in certain criminal cases to designate an attendant who must be allowed to attend the preliminary hearing and the trial during the witness's testimony to provide support. (NRS 178.571) Section 1.2 of this bill authorizes the court in a criminal proceeding or proceeding relating to abuse or neglect to allow a witness who is a minor or vulnerable person to use a facility dog to provide support during the witness's testimony. Section 1.2 also prescribes the: (1) procedure governing a request to use a facility dog; (2) findings the court must make before approving the use of a facility dog; and (3) measures the court must take to ensure that the use of a facility dog does not prejudice the defendant or disrupt the proceedings.
Under section 1.4 of this bill, upon the issuance of an order pursuant to section 1.2, a facility dog must be permitted to enter a courthouse or similar facility to assist a witness who is a minor or vulnerable person during a legal proceeding and any other building or structure owned or leased by the county or municipality that the court deems appropriate for purposes of preparing the witness. Section 1.4 further: (1) authorizes a county or municipality to exclude a facility dog and its handler from such a building or structure if the conduct of the facility dog or its handler after entry warrants exclusion; and (2) provides immunity from liability for any injury or loss resulting from the presence or conduct of a facility dog on property owned or leased by the county or municipality.
Statutes affected: As Introduced: 651.075, 704.145, 706.366
BDR: 651.075, 704.145, 706.366