AB302 - Establishes provisions relating to facility dogs. (BDR 4-489)

(Reprinted with amendments adopted on April 21, 2025) FIRST REPRINT A.B. 302 - *AB302_R1* ASSEMBLY BILL NO. 302–COMMITTEE ON JUDICIARY (ON BEHALF OF THE JOINT INTERIM STANDING COMMITTEE ON JUDICIARY) FEBRUARY 27, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Establishes provisions relating to facility dogs. (BDR 4-489) FISCAL NOTE: Effect on Local Government: Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility. Effect on the State: No. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to facility dogs; authorizing a court to allow a witness to use a facility dog to provide support while the witness is testifying under certain circumstances; requiring a county or municipality to permit a facility dog to enter certain buildings or structures owned or leased by the county or municipality under certain circumstances; providing immunity from liability to a county or municipality for any injury or loss caused by the presence or conduct of a facility dog; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law authorizes a minor who is a witness in certain criminal cases to 1 designate an attendant who must be allowed to attend the preliminary hearing and 2 the trial during the witness’s testimony to provide support. (NRS 178.571) Section 3 1.2 of this bill authorizes the court in a criminal proceeding or proceeding relating 4 to abuse or neglect to allow a witness who is a minor or vulnerable person to use a 5 facility dog to provide support during the witness’s testimony. Section 1.2 also 6 prescribes the: (1) procedure governing a request to use a facility dog; (2) findings 7 the court must make before approving the use of a facility dog; and (3) measures 8 the court must take to ensure that the use of a facility dog does not prejudice the 9 defendant or disrupt the proceedings. 10 Under section 1.4 of this bill, upon the issuance of an order pursuant to section 11 1.2, a facility dog must be permitted to enter a courthouse or similar facility to 12 – 2 – - *AB302_R1* assist a witness who is a minor or vulnerable person during a legal proceeding and 13 any other building or structure owned or leased by the county or municipality that 14 the court deems appropriate for purposes of preparing the witness. Section 1.4 15 further: (1) authorizes a county or municipality to exclude a facility dog and its 16 handler from such a building or structure if the conduct of the facility dog or its 17 handler after entry warrants exclusion; and (2) provides immunity from liability for 18 any injury or loss resulting from the presence or conduct of a facility dog on 19 property owned or leased by the county or municipality. 20 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 50 of NRS is hereby amended by adding 1 thereto the provisions set forth as sections 1.2 and 1.4 of this act. 2 Sec. 1.2. 1. In a criminal proceeding or proceeding relating 3 to abuse or neglect, the court may allow a witness who is a minor 4 or vulnerable person to use a facility dog for support during 5 testimony in accordance with the procedure provided in this 6 section. 7 2. A party seeking to use a facility dog must file a motion with 8 the court which includes: 9 (a) Information concerning the qualifications and training of 10 the facility dog and its handler; and 11 (b) A statement explaining how the presence of the facility dog 12 may reduce the anxiety of the witness or otherwise assist in 13 obtaining the testimony of the witness. 14 3. A motion made pursuant to subsection 2: 15 (a) Must be made outside the presence of the jury; 16 (b) May be made orally or in writing; and 17 (c) Must be accompanied by satisfactory proof that: 18 (1) The facility dog and its handler are certified by an 19 organization that is a member of Assistance Dogs International or 20 its successor organization or any other nationally or 21 internationally recognized organization that : 22 (I) Specializes in the acquisition, training and placement 23 of assistance dogs; and 24 (II) Adheres to established standards of excellence in 25 training assistance dogs, certifying their handlers and ensuring 26 their suitability for use in legal proceedings; and 27 (2) The facility dog is covered by adequate liability 28 insurance. 29 4. The court may grant a motion made pursuant to subsection 30 2 if the court finds that: 31 (a) The facility dog and its handler are suitably qualified; 32 (b) The facility dog is covered by sufficient liability insurance; 33 – 3 – - *AB302_R1* (c) The presence of the facility dog is warranted under the 1 circumstances because it is reasonably likely to assist the witness 2 in providing testimony; and 3 (d) The use of the facility dog will not: 4 (1) Unduly prejudice the defendant; 5 (2) Infringe on the constitutional rights of the defendant; 6 or 7 (3) Disrupt the proceedings. 8 5. With the approval of the court, counsel for the parties may 9 question prospective jurors during voir dire to determine whether 10 the presence of the facility dog may cause undue sympathy for the 11 witness or otherwise prejudice the proceedings. 12 6. If the court approves the use of a facility dog, the court 13 must: 14 (a) Issue an order that states the basis for its decision on the 15 record; 16 (b) Ensure, to the greatest extent practicable, that the facility 17 dog remains out of the view of the jury before, during and after 18 testimony; and 19 (c) Take appropriate measures to ensure the presence of the 20 facility dog is as unobtrusive and non-disruptive as possible. 21 7. Upon request of either party, the court shall provide 22 cautionary instructions to the jury to mitigate any potential 23 prejudice resulting from the presence of the facility dog. The 24 instructions may be given before the testimony of the witness, at 25 the conclusion of the trial, or both. 26 8. A suitably qualified handler must be present in the 27 courtroom or other location approved by the court for the use of a 28 facility dog. 29 9. Nothing in this section shall be construed to prohibit the 30 court from removing or excluding a facility dog from the 31 courtroom or other location approved for its use if necessary to 32 maintain order or to ensure the fair presentation of evidence. 33 10. As used in this section: 34 (a) “Criminal proceeding” means: 35 (1) A trial or hearing before a court in a prosecution of a 36 person charged with a violent or sexual offense; or 37 (2) A delinquency proceeding which is conducted pursuant 38 to title 5 of NRS in which a child is alleged to have committed an 39 unlawful act which would have been a violent or sexual offense if 40 committed by an adult. 41 (b) “Facility dog” means a dog that meets the qualifications 42 described in paragraph (c) of subsection 3. 43 – 4 – - *AB302_R1* (c) “Proceeding relating to abuse or neglect” means a 1 proceeding held pursuant to NRS 432B.410 to 432B.590, 2 inclusive. 3 (d) “Violent or sexual offense” means the commission of an 4 act described in NRS 202.876. 5 (e) “Vulnerable person” means a person whose ability to 6 testify in a legal proceeding would be significantly affected 7 without the support of a facility dog for various reasons, 8 including, without limitation, the age of the person or the fact that 9 the person has one or more physical or mental limitations that 10 restrict the ability of the person to testify in a legal proceeding. 11 Sec. 1.4. 1. Except as otherwise provided in subsection 2, 12 upon the issuance of an order made pursuant to subsection 6 of 13 section 1.2 of this act, a facility dog must be permitted to enter: 14 (a) A courthouse or similar facility for the purpose of assisting 15 a witness who is a minor or vulnerable person during a legal 16 proceeding; and 17 (b) Any other building or structure owned or leased by the 18 county or municipality that is deemed appropriate by the court for 19 the purpose of preparing the witness for the legal proceeding, 20 including, without limitation, the office of the district attorney or 21 public defender in the county in which the court is located. 22 2. A county or municipality may, in its sole discretion, 23 exclude a facility dog and its handler from a building or structure 24 owned or leased by the county or municipality if, after entry, the 25 conduct of the facility dog or its handler while in the building or 26 structure warrants such exclusion. 27 3. A county or municipality that owns or leases a building or 28 structure is immune from liability in any action to recover 29 damages for any injury or loss caused, in whole or in part, by the 30 presence or conduct of a facility dog while on property owned or 31 leased by the county or municipality, including, without limitation, 32 actions for personal injury, wrongful death or property damage. 33 4. Nothing in this section shall be construed to limit or 34 otherwise affect any immunity from or defense to civil liability to 35 which a county or municipality is otherwise entitled under specific 36 statute or common law. 37 Sec. 2. (Deleted by amendment.) 38 Sec. 3. (Deleted by amendment.) 39 Sec. 4. (Deleted by amendment.) 40 H