Bill Summary – FastDemocracy

SB 101
                       Department of Legislative Services
                              Maryland General Assembly
                                    2020 Session
                            FISCAL AND POLICY NOTE
                                 Enrolled - Revised
Senate Bill 101                  (Senator Simonaire, et al.)
Judicial Proceedings                                                                Judiciary
             Courts - Court Dog and Child Witness Program - Established
This bill establishes the Court Dog and Child Witness Program in the circuit court of each
county that voluntarily participates in the program. The program’s purpose is to provide a
“facility dog” or “therapy dog” to a “child witness” in any circuit court proceeding or other
related court process, meeting, or interview in the State, as specified. The bill also alters,
from September 30, 2021, to September 30, 2020, the termination date for the Court Dog
and Child Witness Pilot Program in the circuit courts for Anne Arundel and
Harford counties.
                                     Fiscal Summary
State Effect: Potential minimal increase in general fund expenditures for the Judiciary.
Local Effect: Potential minimal increase in expenditures for counties that elect to
participate in the program.
Small Business Effect: Minimal.
                                         Analysis
Bill Summary: The Administrative Office of the Courts (AOC) must (1) develop a plan
to implement the program; (2) establish the procedures that a party in a court proceeding
must follow to request that a therapy dog and therapy dog handler, or facility dog and
facility dog handler, assist a child witness; and (3) ensure that the details of the program
are publicly available. AOC may adopt procedures to implement the bill’s provisions.
A “child witness” is a witness who is a minor when the witness testifies in a court
proceeding. A “facility dog” is a dog that has (1) graduated from a program of an assistance
dog organization that is a member of a nationally recognized assistance dog association
and (2) been teamed with a facility dog handler. A “therapy dog” is a dog that has
(1) received training to provide affection and comfort to individuals who need emotional
support; (2) been teamed with a therapy dog handler; and (3) graduated from a program
operated by an organization that registers or certifies therapy dogs and their handlers to
meet or exceed the standards of practice in animal-assisted interventions or been
specifically trained to provide emotional support to witnesses testifying in judicial
proceedings without causing a distraction.
Facility dog handlers and therapy dog handlers must meet specified training requirements,
including training from qualified organizations on offering the handler’s animal for
assistance and training on court protocol and policies.
Current Law/Background: Chapter 467 of 2016 established the Courthouse Dog and
Child Witness Pilot Program in the circuit courts for Anne Arundel and Harford counties.
The purpose of the pilot program is to determine whether to establish a structured, defined,
and systematic approach for providing a courthouse dog to a child witness in any circuit
court proceeding in the State. Pursuant to Chapter 467, a child witness was limited to
witnesses who were minors when testifying in criminal proceedings. Chapter 196 of 2017
expanded the pilot program to include civil proceedings. Chapter 466 of 2019 changed the
name of the program to the Court Dog and Child Witness Pilot Program and extended the
pilot program’s termination date to September 30, 2021. The pilot program is fully
operational in both counties.
State/Local Fiscal Effect: General fund expenditures for the Judiciary may increase
minimally to the extent that counties electing to participate in the program require funding
to implement, maintain, and publicize the program. Expenditures in participating counties
may increase minimally if the Judiciary requires locally funded support from the circuit
courts. However, because participation by counties is voluntary and AOC has flexibility in
developing and implementing any programs, it is assumed that any potential expenditures
are minimal and do not materially impact State or local finances. Anne Arundel County
also advises that there are no county costs associated with the current pilot program.
                                Additional Information
Prior Introductions: None.
Designated Cross File: HB 311 (Delegate Malone, et al.) - Judiciary..
SB 101/ Page 2
Information Source(s):       Anne Arundel, Caroline, Howard, Montgomery, and
Prince George’s counties; Judiciary (Administrative Office of the Courts); Department of
Legislative Services
Fiscal Note History:     First Reader - January 7, 2020
rh/lgc                   Third Reader - March 12, 2020
                                Revised - Amendment(s) - March 12, 2020
                         Enrolled - April 1, 2020
                                Revised - Amendment(s) - April 1, 2020
Analysis by: Jennifer K. Botts                       Direct Inquiries to:
                                                     (410) 946-5510
                                                     (301) 970-5510
SB 101/ Page 3
Statutes affected: 
Text - First - Courts - Court Dog and Child Witness Program - Established: 9-501 Courts and Judicial Proceedings
Text - Third - Courts - Court Dog and Child Witness Program - Established: 9-501 Courts and Judicial Proceedings
Text - Enrolled - Courts - Court Dog and Child Witness Program - Established: 9-501 Courts and Judicial Proceedings