Bill Text: NY S02289 | 2023-2024 | General Assembly | Introduced


Bill Title: Authorizes courts to exercise discretion permitting a courthouse facility dog for use by witnesses to be used in any judicial proceeding; provides that courts with an available courthouse facility dog must allow a witness under eighteen years of age, or who has a developmental disability, to use a courthouse facility dog to accompany such person while testifying in court; allows any witness who does not meet the criteria of being under eighteen years of age or having a developmental disability to use a courthouse facility dog, if available, to accompany them while testifying in court; defines terms; makes related provisions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-05-07 - REPORTED AND COMMITTED TO AGRICULTURE [S02289 Detail]

Download: New_York-2023-S02289-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          2289

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 19, 2023
                                       ___________

        Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary

        AN ACT to amend the judiciary law, in relation  to  courthouse  facility
          dogs

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Legislative findings and intent. The legislature finds that
     2  questioning child or adult witnesses about a traumatic  event  in  their
     3  lives  can  trigger  an acute emotional response. The trigger makes them
     4  feel or behave the same way they did during  or  immediately  after  the
     5  traumatic  event  because  the brain may not differentiate what happened
     6  then from what is going on around them now. These triggers can cause  an
     7  immediate  emotional  response  that  bypasses the reasoning part of our
     8  brains, resulting in sudden or unexplained bouts of crying; fear,  para-
     9  noia,  or  anxiety;  panic attacks; and sudden physical symptoms such as
    10  nausea or fatigue. For children and adults,  traumatic  events  and  the
    11  responses  that  result often interfere with their ability to respond to
    12  questions or testify in court about traumatic events they  have  experi-
    13  enced or witnessed.
    14    The  legislature  finds  that children are particularly susceptible to
    15  adverse effects of exposure to trauma. Children  may  undergo  secondary
    16  trauma  when they participate in investigation and prosecution of crimes
    17  and other stressful legal proceedings. The American  academy  of  pedia-
    18  trics  advises  ongoing psychosocial support for children to address the
    19  adverse effects of the traumatic event and their  experience  recounting
    20  it  during the legal process. The American academy of pediatrics identi-
    21  fies assistance from courthouse facility dogs as an effective  psychoso-
    22  cial   support   intervention   for   children  participating  in  legal
    23  proceedings.    The  legislature  finds  that  courthouse  facility  dog
    24  programs  in our state are innovative community-based interventions. The
    25  courthouse facility  dog's  calm  companionship  reduces  a  traumatized

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04977-01-3

        S. 2289                             2

     1  child's  anxiety,  prevents  recurrent  trauma, and supports the child's
     2  ability to respond to questions and information requests during investi-
     3  gations and subsequent court processes, and may  hasten  their  recovery
     4  from  this experience.  Likewise, the courthouse facility dog program is
     5  an effective intervention for persons who have  developmental  disabili-
     6  ties,  adults  who  experienced  childhood  trauma, and other vulnerable
     7  people who could have difficulty engaging with the legal process.
     8    The legislature finds that multiple visits between a potential witness
     9  and the courthouse facility dog and handler may be needed  to  establish
    10  the  relationship  supporting an order for the courthouse facility dog's
    11  presence in court during testimony. Courthouse facility dogs  and  their
    12  handlers require access to locations outside the courthouse for meetings
    13  with  potential witnesses or other activities associated with the court-
    14  house facility dog program's operations.  The  law  does  not  expressly
    15  authorize  access  for the dog and handler to noncourthouse locations or
    16  public transportation. Therefore, the legislature intends  to  authorize
    17  expanded  access  for  courthouse  facility  dogs  and their handlers to
    18  locations outside courthouses and to modes of public  transportation  to
    19  provide this service.
    20    § 2. The judiciary law is amended by adding a new section 39-c to read
    21  as follows:
    22    §  39-c.  Courthouse facility dogs. 1.  Courts are authorized to exer-
    23  cise  discretion  permitting  a  courthouse  facility  dog  for  use  by
    24  witnesses to be used in any judicial proceeding.
    25    2.  Courts  with  an  available  courthouse  facility dog must allow a
    26  witness under eighteen years of age, or who has a developmental disabil-
    27  ity, to use a courthouse facility dog to  accompany  such  person  while
    28  testifying in court.
    29    3.  Courts  may  allow  any  witness who does not meet the criteria in
    30  subdivision two of this section to use a  courthouse  facility  dog,  if
    31  available, to accompany them while testifying in court.
    32    4. (a) A courthouse facility dog accompanied by a certified handler is
    33  authorized to access:
    34    (i) any courthouse;
    35    (ii)  any  location  where  the  courthouse facility dog and certified
    36  handler provide services, participate in  administrative  activities  of
    37  the  courthouse  facility  dog program, engage in community outreach, or
    38  participate in training activities;
    39    (iii) any location related to a law  enforcement  investigation  where
    40  law enforcement requests their presence; and
    41    (iv) matters pending in the civil or criminal justice system.
    42    (b)  Authorized  locations  include, but are not limited to, places of
    43  public accommodation, all modes  of  public  transportation,  children's
    44  advocacy  centers,  schools,  day care facilities, law enforcement agen-
    45  cies, prosecutors'  offices,  attorneys'  offices,  medical  facilities,
    46  specialty  courts, and court-appointed special advocates and guardian ad
    47  litem program offices. The certified handler may be asked to show  iden-
    48  tification,  provided  by the qualified assistance dog organization that
    49  trained the courthouse facility dog and courthouse handler, to establish
    50  that their public access is authorized.
    51    5. Before the introduction of  a  courthouse  facility  dog  into  the
    52  courtroom  and  outside  the presence of the jury, the party desiring to
    53  use the assistance of a courthouse  facility  dog  must  file  a  motion
    54  setting out:
    55    (a) the credentials of the courthouse facility dog;
    56    (b) that the courthouse facility dog is adequately insured;

        S. 2289                             3

     1    (c)  that  a relationship has been established between the witness and
     2  the courthouse facility dog in anticipation of testimony; and
     3    (d)  reasons  why  the  courthouse  facility dog would help reduce the
     4  witness's anxiety and elicit the witness's testimony.
     5    6. When the court finds the circumstances warrant the  presence  of  a
     6  courthouse  facility dog is necessary to facilitate a witness's testimo-
     7  ny, the court must state the basis for its decision on the  record.  The
     8  witness  must  be afforded the opportunity to have a courthouse facility
     9  dog accompany the witness while testifying, if a courthouse facility dog
    10  and certified handler are available within the jurisdiction of the court
    11  in which the proceeding is held.
    12    7. If the court grants the motion filed under subdivision five of this
    13  section, the certified handler must be present in the courtroom to advo-
    14  cate for the courthouse facility  dog  as  necessary.    The  courthouse
    15  facility  dog performing this service should be trained to accompany the
    16  witness to the stand without being attached to the certified handler  by
    17  a  leash  and lie on the floor out of view of the jury while the witness
    18  testifies.
    19    8. In a jury trial, the following provisions apply:
    20    (a) In the course of  jury  selection,  either  party  may,  with  the
    21  court's  approval,  voir  dire  prospective  jury members on whether the
    22  presence of a courthouse facility dog to assist a witness  would  create
    23  undue  sympathy  for  the  witness  or cause prejudice to a party in any
    24  other way.
    25    (b) To the extent possible, the court shall ensure that the jury  will
    26  be  unable  to observe the courthouse facility dog prior to, during, and
    27  subsequent to the witness's testimony.
    28    (c) On request of either party, the court  shall  present  appropriate
    29  jury  instructions that are designed to prevent any prejudice that might
    30  result from the presence of  the  courthouse  facility  dog  before  the
    31  witness testifies and at the conclusion of the trial.
    32    9.  Courts  may  adopt  rules for the use of a courthouse facility dog
    33  authorized under this section.
    34    10. For purposes of this section, the following terms shall  have  the
    35  following meanings:
    36    (a)  "Certified handler" means a person who: (i) was trained to handle
    37  the courthouse facility dog by  the  assistance  dog  organization  that
    38  placed  the  dog; and (ii) is a professional working in the legal system
    39  who is knowledgeable about its practices including, but not limited  to,
    40  victim  advocates, forensic interviewers, detectives, prosecuting attor-
    41  neys, and guardians ad litem.
    42    (b) "Courthouse facility dog" means a dog that:
    43    (i) has graduated from a program of  an  assistance  dog  organization
    44  that is accredited by a recognized organization whose main purpose is to
    45  grant  accreditation  to assistance dog organizations based on standards
    46  of excellence in all areas of assistance dog  acquisition,  training  of
    47  the dogs and their certified handlers, and placement;
    48    (ii) demonstrates continued proficiency in providing safe and reliable
    49  services through ongoing training according to the assistance dog organ-
    50  ization's training standards;
    51    (iii)  was  specially selected to provide services in the legal system
    52  to provide quiet companionship  to  witnesses  and  potential  witnesses
    53  during  stressful interviews, examinations, meetings, and other encount-
    54  ers  associated  with  a  law  enforcement  investigation,   and   legal
    55  proceedings,  thereby  enabling  them to better engage with the process;
    56  and

        S. 2289                             4

     1    (iv) travels as needed with a certified handler as a team to and  from
     2  authorized   locations  for  training,  community  outreach,  and  other
     3  purposes associated with the operations of  a  courthouse  facility  dog
     4  program established in this section.
     5    § 3. This act shall take effect on the one hundred eightieth day after
     6  it  shall have become a law. Effective immediately, the addition, amend-
     7  ment and/or repeal of any rule or regulation necessary for the implemen-
     8  tation of this act on its effective date are authorized to be  made  and
     9  completed on or before such effective date.
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