88R3460 MEW-D
 
  By: West S.B. No. 139
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to allowing therapy or facility dogs 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, 2023.
               (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 the offense was committed under
  Section 481.122 (Offense: Delivery of Controlled Substance or
  Marihuana to Child) or 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, 2023.