Courthouse Dogs Act

IC 116TH CONGRESS 1ST SESSION S. 1029 IN THE HOUSE OF REPRESENTATIVES DECEMBER 23, 2019 Referred to the Committee on the Judiciary AN ACT To allow the use of certified facility dogs in criminal proceedings in Federal courts, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 21:17 Dec 23, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1029.RFH S1029 pamtmann on DSKBC07HB2PROD with BILLS 2 S 1029 RFH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Courthouse Dogs Act’’. 2 SEC. 2. USE OF CERTIFIED FACILITY DOG FOR TESTIMONY 3 IN CRIMINAL PROCEEDINGS. 4 (a) IN GENERAL.—Chapter 223 of title 18, United 5 States Code, is amended by inserting after section 3502 6 the following: 7 ‘‘§ 3503. Use of certified facility dog for testimony in 8 criminal proceedings 9 ‘‘(a) DEFINED TERM.—In this section, the term ‘cer- 10 tified facility dog’ means a dog that has graduated from 11 an assistance dog organization that is a member of an 12 internationally recognized assistance dog association that 13 has a primary purpose of granting accreditation based on 14 standards of excellence in areas of— 15 ‘‘(1) assistance dog acquisition; 16 ‘‘(2) dog training; 17 ‘‘(3) dog handler training; and 18 ‘‘(4) dog placement. 19 ‘‘(b) REQUESTS FOR USE OF CERTIFIED FACILITY 20 DOGS.—Either party in a criminal proceeding in a Federal 21 court may apply for an order from the court to allow a 22 certified facility dog, if available, to be present with a wit- 23 ness testifying before the court through— 24 ‘‘(1) in-person testimony; or 25 VerDate Sep 11 2014 21:17 Dec 23, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1029.RFH S1029 pamtmann on DSKBC07HB2PROD with BILLS 3 S 1029 RFH ‘‘(2) testimony televised by 2-way, closed-circuit 1 television. 2 ‘‘(c) CONDITIONS FOR APPROVAL.—A Federal court 3 may enter an order authorizing an available certified facil- 4 ity dog to accompany a witness while testifying at a hear- 5 ing in accordance with subsection (b) if the court finds 6 that— 7 ‘‘(1) the dog to be used qualifies as a certified 8 facility dog; 9 ‘‘(2) the use of a certified facility dog will aid 10 the witness in providing testimony; and 11 ‘‘(3) upon a showing by the party seeking an 12 order under subsection (b), the certified facility dog 13 is insured for liability protection. 14 ‘‘(d) HANDLERS.—Each certified facility dog author- 15 ized to accompany a witness under subsection (c) shall be 16 accompanied by a handler who is— 17 ‘‘(1) trained to manage the certified facility dog 18 by an assistance dog organization described in sub- 19 section (a); and 20 ‘‘(2) a professional working in the legal system 21 with knowledge about the legal and criminal justice 22 processes. 23 ‘‘(e) DEADLINE.—The party seeking an order under 24 subsection (b) shall apply for such order not later than 25 VerDate Sep 11 2014 21:17 Dec 23, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1029.RFH S1029 pamtmann on DSKBC07HB2PROD with BILLS 4 S 1029 RFH 14 days before the preliminary hearing, trial date, or other 1 hearing to which the order is to apply. 2 ‘‘(f) OTHER ORDERS.—A Federal court may make 3 such orders as may be necessary to preserve the fairness 4 of the proceeding, including imposing restrictions on, and 5 instructing the jury regarding, the presence of the cer- 6 tified facility dog during the proceedings. 7 ‘‘(g) SAVINGS PROVISION.—Nothing in this section 8 may be construed to prevent a Federal court from pro- 9 viding any other accommodations to a witness in accord- 10 ance with applicable law.’’. 11 (b) CLERICAL AMENDMENT.—The chapter analysis 12 for chapter 223 of title 18, United States Code, is amend- 13 ed by inserting after the item relating to section 3502 the 14 following: 15 ‘‘3503. Use of certified facility dog for testimony in criminal proceedings.’’. Passed the Senate December 19, 2019. Attest: JULIE E. ADAMS, Secretary. VerDate Sep 11 2014 21:17 Dec 23, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1029.RFH S1029 pamtmann on DSKBC07HB2PROD with BILLS