bill letting therapy dogs sit with child witnesses

The text as introduced · 1,018 words

89R16034 MEW-D

By: Flores
H.B. No. 4563

A BILL TO BE ENTITLED

AN ACT

relating to allowing a therapy or facility dog to accompany a child

or a person with a disability during testimony in certain criminal

cases.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 38, Code of Criminal Procedure, is

amended by adding Article 38.077 to read as follows:

Art. 38.077. TESTIMONY OF CHILD OR PERSON WITH DISABILITY;

AUTHORIZING THERAPY OR FACILITY DOGS FOR CERTAIN CRIMINAL

PROCEEDINGS. (a) In this article:

(1) "Assistance dog organization" means an

organization that is an accredited member of Assistance Dogs

International or a similar nonprofit organization that grants

accreditation to an organization based on the organization's

adherence to standards of excellence in assistance dog acquisition,

training, and placement.

(2) "Child" means a person younger than 18 years of

age.

(3) "Facility dog" means a dog that has:

(A) successfully completed a training program

that is provided by an assistance dog organization on providing

emotional comfort in a high-stress environment for the purpose of

enhancing a witness's ability to speak during a judicial hearing or

proceeding and reducing the witness's stress level; and

(B) passed the Assistance Dogs International

Public Access Certification Test, or a test having standards

substantially similar to the standards of the Assistance Dogs

International Public Access Certification Test in effect on

September 1, 2025.

(4) "Handler" means a person who has:

(A) successfully completed training on offering

an animal for assistance purposes that is provided by an assistance

dog organization or Alliance of Therapy Dogs or a similar nonprofit

organization; and

(B) received additional training regarding

policies and protocols of the court and the responsibilities of a

courtroom dog handler.

(5) "Person with a disability" means a person with one

or more documented physical or mental impairments, or who is

regarded as having one or more physical or mental impairments, that

substantially limit the person's ability to perform major life

activities.

(6) "Therapy dog" means a dog that has:

(A) successfully completed training,

certification, or evaluation on providing emotional support

therapy in public settings, including hospitals, nursing homes, and

schools, that is provided by the American Kennel Club, Alliance of

Therapy Dogs, or a similar nonprofit organization; and

(B) been performing duties related to providing

emotional support therapy for not less than one year.

(b) This article applies to the testimony of a witness who

is:

(1) a person with a disability in any hearing or

proceeding in the prosecution of an offense; or

(2) a child in any hearing or proceeding in the

prosecution of an offense under any of the following provisions:

(A) Chapter 481, Health and Safety Code (Texas

Controlled Substances Act), if:

(i) the offense was committed under Section

481.122 (Offense: Delivery of Controlled Substance or Marihuana to

Child); or

(ii) the penalty for the offense may be

increased under Section 481.1122 (Manufacture of Substance in

Penalty Group 1: Presence of Child) or 481.140 (Use of Child in

Commission of Offense);

(B) Title 5, Penal Code (Offenses Against the

Person);

(C) Section 25.02, Penal Code (Prohibited Sexual

Conduct);

(D) Section 25.11, Penal Code (Continuous

Violence Against the Family);

(E) Section 28.02, Penal Code (Arson);

(F) Chapter 29, Penal Code (Robbery);

(G) Section 30.02, Penal Code (Burglary), if the

offense is punishable under Subsection (d) of that section;

(H) Section 31.03, Penal Code (Theft), if the

offense is punishable under Subsection (e)(4)(C) of that section;

(I) Section 36.06, Penal Code (Obstruction or

Retaliation);

(J) Section 43.05, Penal Code (Compelling

Prostitution);

(K) Section 43.25, Penal Code (Sexual

Performance by a Child); or

(L) Section 15.01 (Criminal Attempt) or 15.02

(Criminal Conspiracy), Penal Code, if the actor intended to commit

an offense described by Paragraph (A), (B), (C), (D), (E), (F), (G),

(H), (I), (J), or (K).

(c) On the motion of any party, or a parent, managing

conservator, guardian, guardian ad litem of a child or a person with

a disability, or special advocate for a child, the court may allow a

witness who is a child or a person with a disability to have a

therapy or facility dog accompany the witness during that witness's

testimony if:

(1) a therapy or facility dog is available to the party

within the judicial district in which the court is located; and

(2) the court finds by a preponderance of the evidence

that:

(A) the therapy or facility dog and the dog's

handler are suitably qualified and will reasonably assist the

witness; and

(B) granting the motion is not likely to:

(i) prejudice the trier of fact in

evaluating the witness' testimony; or

(ii) cause undue disruption to the hearing

or proceeding.

(d) A motion under Subsection (c) must include:

(1) information regarding:

(A) the training or credentials of the therapy or

facility dog; and

(B) the name and training of the dog's handler;

and

(2) evidence that the presence of the therapy or

facility dog may reduce the anxiety of or otherwise be helpful to

the witness.

(e) The court shall take appropriate measures to ensure the

presence of a therapy or facility dog is as unobtrusive and

nondisruptive as possible, including requiring the dog's handler to

accompany the dog in the courtroom at all times.

(f) If a therapy or facility dog is used during a jury trial,

on request of any party, the court shall provide appropriate

instruction to the jury regarding the presence of the dog and the

dog's handler to prevent prejudice for or against any party.

(g) This article does not prevent the court from removing or

excluding a therapy or facility dog from the courtroom to maintain

order or ensure the fair presentation of evidence.

SECTION 2. The change in law made by this Act applies to a

criminal proceeding that commences on or after the effective date

of this Act. A criminal proceeding that commences before the

effective date of this Act is governed by the law in effect when the

proceeding commenced, and the former law is continued in effect for

that purpose.

SECTION 3. This Act takes effect September 1, 2025.