Bill Summary
This legislation, known as the "Courthouse Dogs Act", allows for the use of certified facility dogs in criminal proceedings in Federal courts. A certified facility dog is defined as a dog that has graduated from an assistance dog organization that meets specific standards for dog acquisition, training, handler training, and placement. Either party in a criminal case can request for a certified facility dog to be present with a witness while testifying, either in person or through closed-circuit television. The court must approve the use of the dog if it is determined that it will aid the witness in providing testimony and the dog is insured for liability protection. The dog must be accompanied by a trained handler who is knowledgeable about the legal and criminal justice processes. The request for a certified facility dog must be made at least 14 days before the hearing, and the court may impose restrictions or provide other accommodations to ensure a fair proceeding. This legislation does not prevent the court from providing other accommodations for witnesses.
Possible Impacts
1. This legislation could potentially affect people with disabilities who require a certified facility dog for assistance. The Act allows for the use of these dogs in criminal proceedings, which could be beneficial for individuals with disabilities who may need the support of a certified facility dog during legal processes.
2. The Act may also affect individuals who work in the legal system, as it requires the handler of the certified facility dog to be a professional with knowledge of the legal and criminal justice processes. This could potentially create job opportunities for individuals with this expertise.
3. The legislation may also have an impact on the court system, as it allows for the use of certified facility dogs in criminal proceedings. This may require courts to make accommodations for the presence of the dog during the proceedings, which could potentially affect court procedures and logistics.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1029 Referred in House (RFH)]
<DOC>
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Courthouse Dogs Act''.
SEC. 2. USE OF CERTIFIED FACILITY DOG FOR TESTIMONY IN CRIMINAL
PROCEEDINGS.
(a) In General.--Chapter 223 of title 18, United States Code, is
amended by inserting after section 3502 the following:
``Sec. 3503. Use of certified facility dog for testimony in criminal
proceedings
``(a) Defined Term.--In this section, the term `certified facility
dog' means a dog that has graduated from an assistance dog organization
that is a member of an internationally recognized assistance dog
association that has a primary purpose of granting accreditation based
on standards of excellence in areas of--
``(1) assistance dog acquisition;
``(2) dog training;
``(3) dog handler training; and
``(4) dog placement.
``(b) Requests for Use of Certified Facility Dogs.--Either party in
a criminal proceeding in a Federal court may apply for an order from
the court to allow a certified facility dog, if available, to be
present with a witness testifying before the court through--
``(1) in-person testimony; or
``(2) testimony televised by 2-way, closed-circuit
television.
``(c) Conditions for Approval.--A Federal court may enter an order
authorizing an available certified facility dog to accompany a witness
while testifying at a hearing in accordance with subsection (b) if the
court finds that--
``(1) the dog to be used qualifies as a certified facility
dog;
``(2) the use of a certified facility dog will aid the
witness in providing testimony; and
``(3) upon a showing by the party seeking an order under
subsection (b), the certified facility dog is insured for
liability protection.
``(d) Handlers.--Each certified facility dog authorized to
accompany a witness under subsection (c) shall be accompanied by a
handler who is--
``(1) trained to manage the certified facility dog by an
assistance dog organization described in subsection (a); and
``(2) a professional working in the legal system with
knowledge about the legal and criminal justice processes.
``(e) Deadline.--The party seeking an order under subsection (b)
shall apply for such order not later than 14 days before the
preliminary hearing, trial date, or other hearing to which the order is
to apply.
``(f) Other Orders.--A Federal court may make such orders as may be
necessary to preserve the fairness of the proceeding, including
imposing restrictions on, and instructing the jury regarding, the
presence of the certified facility dog during the proceedings.
``(g) Savings Provision.--Nothing in this section may be construed
to prevent a Federal court from providing any other accommodations to a
witness in accordance with applicable law.''.
(b) Clerical Amendment.--The chapter analysis for chapter 223 of
title 18, United States Code, is amended by inserting after the item
relating to section 3502 the following:
``3503. Use of certified facility dog for testimony in criminal
proceedings.''.
Passed the Senate December 19, 2019.
Attest:
JULIE E. ADAMS,
Secretary.