Stricken language would be deleted from and underlined language would be added to present law.
Act 824 of the Regular Session
1 State of Arkansas As Engrossed: H3/15/21
2 93rd General Assembly A Bill
3 Regular Session, 2021 HOUSE BILL 1497
4
5 By: Representative Gazaway
6 By: Senator Hester
7
8 For An Act To Be Entitled
9 AN ACT EXPANDING THE PERMITTED USE OF A CERTIFIED
10 FACILITY DOG FOR VULNERABLE WITNESSES; AND FOR OTHER
11 PURPOSES.
12
13
14 Subtitle
15 EXPANDING THE PERMITTED USE OF A
16 CERTIFIED FACILITY DOG FOR VULNERABLE
17 WITNESSES.
18
19
20 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
21
22 SECTION 1. Arkansas Code 16-43-1002 is amended to read as follows:
23 16-43-1002. Certified facility dogs for child and vulnerable witnesses
24 Definitions.
25 (a) As used in this section:
26 (1) Certified facility dog means a dog that has:
27 (A) Graduated from a program of an assistance dog
28 organization that is a member of Assistance Dogs International or a similar
29 nonprofit organization that attempts to set sets the highest standard of
30 training and placement for assistance dogs for the purpose of reducing stress
31 in a child witness by enhancing the ability of the child witness to speak in
32 a judicial proceeding by providing emotional comfort in a high stress
33 environment and their certified handlers and demonstrates continued
34 proficiency in providing safe and reliable services according to the
35 assistance dog organizations training standards;
36 (B) Received two (2) years of training Been specifically
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1 selected to provide services in the legal system to provide quiet
2 companionship to a child witness or a vulnerable witnesses during judicial
3 proceedings for the purpose of reducing stress in a child witness or
4 vulnerable witness by enhancing the ability of the child witness or
5 vulnerable witness to testify in the high stress environment of a judicial
6 proceeding; and
7 (C) Passed the same public access test as a service dog,
8 if required by the assistance dog organization;
9 (2) Certified handler means a person who has received training
10 from an organization accredited by Assistance Dogs International, the
11 American Kennel Club, Therapy Dogs Incorporated, or an equivalent
12 organization on offering the person's animal for assistance purposes and has
13 received additional training on and who is knowledgable about the protocols
14 and policies of courts, the expected roles of the person's animal assistance
15 a certified facility dog team, and the expected interaction so as not to
16 interfere with the collection of evidence or the effective administration of
17 justice; and
18 (3) Child witness means a witness testifying in a criminal
19 hearing or trial whose age at the time of his or her testimony is eighteen
20 (18) years of age or younger;
21 (4) "Intellectual and developmental disability means a
22 disability of a person that:
23 (A) Is attributable to:
24 (i) An impairment of general intellectual
25 functioning or adaptive behavior, including without limitation cerebral
26 palsy, spina bifida, Down syndrome, epilepsy, or autism;
27 (ii) A condition that results in an impairment of
28 general intellectual functioning or adaptive behavior or that requires
29 treatment and services for a person; or
30 (iii) Dyslexia resulting from a disability described
31 in subdivision (a)(4)(A)(i) or subdivision (a)(4)(A)(ii) of this section;
32 (B) Originates before the person attains twenty-two (22)
33 years of age;
34 (C) Has continued or can be expected to continue
35 indefinitely; and
36 (D) Constitutes a substantial impairment to the persons
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1 ability to function without appropriate support services, including without
2 limitation planned recreational activities, medical services such as physical
3 therapy and speech therapy, and sheltered employment or job training; and
4 (5) Vulnerable witness means a person testifying in a criminal
5 hearing or trial who has an intellectual and developmental disability or has
6 a significant impairment in cognitive functioning acquired as a direct
7 consequence of a brain injury or resulting from a progressively deteriorating
8 neurological condition, including without limitation Alzheimers disease or
9 dementia.
10 (b) Subject to the Arkansas Rules of Civil Procedure, Arkansas Rules
11 of Evidence, or other rule of the Supreme Court, if requested by either party
12 in a criminal trial or hearing and if a certified facility dog is available
13 within the jurisdiction of the judicial district in which the criminal case
14 is being adjudicated, a child witness or vulnerable witness of the party
15 shall be afforded the opportunity to have a certified facility dog accompany
16 him or her while testifying in court.
17 (c) Before the introduction of a certified facility dog into the
18 courtroom and outside the presence of the jury, the party desiring to utilize
19 the presence of a certified facility dog shall file a motion certifying to
20 the court the following information:
21 (1) The credentials of the certified facility dog;
22 (2) That the certified facility dog is adequately insured;
23 (3) That a relationship has been established between the child
24 witness or vulnerable witness and the certified facility dog in anticipation
25 of testimony; and
26 (4) That the presence of the certified facility dog may reduce
27 anxiety experienced by the child witness or vulnerable witness while
28 testifying in the criminal trial or hearing.
29 (d) A court may allow any witness to use a certified facility dog, if
30 available, to accompany him or her while testifying in court, even if the
31 criteria under subsection (c) is not met.
32 (d)(1)(e)(1) If the court grants the motion under subsection (c) of
33 this section, the court shall state the basis for its decision on the record
34 or by court order.
35 (2) The certified facility dog shall be accompanied by the
36 certified handler of the certified facility dog to the witness stand with the
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1 child witness in the absence of the jury during judicial proceedings.
2 (3) The certified facility dog shall be trained to accompany the
3 child witness or vulnerable witness in the witness stand without being
4 attached to the certified handler by leash and lie on the floor out of view
5 of the jury while the child witness or vulnerable witness testifies.
6 (2)(4) The jury shall be seated subsequent to the child witness
7 witness's or vulnerable witness's and certified facility dog's taking their
8 places in the witness stand in the absence of the jury.
9 (e)(f) In the course of jury selection, with the court's approval
10 under Rule 32.2 of the Arkansas Rules of Criminal Procedure, either party may
11 voir dire prospective jury members on whether the presence of a certified
12 facility dog to assist a child witness or vulnerable witness would create
13 undue sympathy for the child witness or vulnerable witness or in any way
14 serve as a prejudice to the defendant.
15 (f)(g) In a criminal trial involving a jury in which the certified
16 facility dog is utilized, the court shall present appropriate jury
17 instructions that are designed to prevent prejudice for or against any party.
18 (h)(1) A certified facility dog and the person or persons accompanying
19 a certified facility dog are authorized to access the following locations:
20 (A) Any courthouse;
21 (B) Any location where the certified facility dog team
22 provides services, participates in administrative activities of the certified
23 facility dog team, engages in community outreach, or participates in training
24 activities;
25 (C) Any location related to a law enforcement
26 investigation where law enforcement requests their presence;
27 (D) A location where matters pending in the criminal
28 justice system occur; and
29 (E) Certain specific facilities such as a:
30 (i) Childrens advocacy center;
31 (ii) School;
32 (iii) Day care facility;
33 (iv) Law enforcement agency;
34 (v) Prosecuting attorney's office;
35 (vi) Medical facility;
36 (vii) Specialty court; and
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1 (viii) Court-appointed special advocates and
2 guardian ad litem program office.
3 (2) A person accompanying a certified facility dog may be asked
4 to show identification, provided by the qualified assistance dog organization
5 that trained the certified facility dog team, to establish that public assess
6 is authorized.
7
8 /s/Gazaway
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11 APPROVED: 4/21/21
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