Bill Text: AZ HB2375 | 2016 | Fifty-second Legislature 2nd Regular | Engrossed
Bill Title: Crime victims' rights; facility dog
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-05-11 - Chapter 135 [HB2375 Detail]
Download: Arizona-2016-HB2375-Engrossed.html
|
House Engrossed |
|
State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016
|
|
HOUSE BILL 2375 |
|
|
|
|
AN ACT
amending title 13, chapter 40, Arizona Revised Statutes, by adding section 13‑4442; relating to crime victims' rights.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 40, Arizona Revised Statutes, is amended by adding section 13-4442, to read:
13-4442. Use of a facility dog in court proceedings; definition
A. The court shall allow a victim who is under eighteen years of age to have a facility dog, if available, accompany the victim while testifying in court. A party seeking the use of a facility dog must file a notice with the court that includes the certification of the facility dog, the name of the person or entity who certified the dog and evidence that the facility dog is insured.
B. The court may allow a victim who is eighteen years of age or more or a witness to use a facility dog.
C. To ensure that the presence of a facility dog assisting a victim or a witness does not influence the jury or is not a reflection on the truthfulness of any testimony that is offered by the victim or witness, the court shall instruct the jury on the role of the facility dog and that the facility dog is a trained animal.
D. For the purposes of this section, "facility dog" means a dog that is a graduate of an assistance dog organization that is a member of an organization or entity whose main purpose is to improve the areas of training, placement and utilization of assistance dogs, staff and volunteer education and to establish and promote standards of excellence in all areas of assistance dog acquisition, training and partnership.
Sec. 2. Intent
It is the intent of the legislature to protect the right of crime victims to be treated with fairness, respect and dignity and to be free from intimidation, harassment or abuse throughout the criminal justice process. The legislature finds that crime victims in this state have a constitutional right to justice and due process, to be treated with fairness, to restitution and to have all rules governing criminal procedure protect victims' rights and to have these rules be subject to amendment or repeal by the legislature to ensure the protection of these rights. Further, the legislature has the constitutional authority to enact substantive and procedural laws to define, implement, preserve and protect the rights guaranteed to victims. Section 13-4442, Arizona Revised Statutes, as added by this act, is enacted pursuant to these rights and this constitutional grant of authority.
