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8 | 8 | | |
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9 | 9 | | HB0762 |
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10 | 10 | | 000390 |
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11 | 11 | | - 1 - |
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12 | 12 | | |
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13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 24; |
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14 | 14 | | Title 36; Title 37 and Title 40, relative to certified |
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15 | 15 | | facility dogs. |
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16 | 16 | | |
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17 | 17 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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18 | 18 | | SECTION 1. Tennessee Code Annotated, Title 24, Chapter 7, is amended by adding |
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19 | 19 | | the following as a new section: |
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20 | 20 | | 24-7-126. |
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21 | 21 | | (a) As used in this section: |
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22 | 22 | | (1) "Assistance dog organization" means a nonprofit organization that |
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23 | 23 | | sets standards of training for the health, welfare, task work, and oversight of |
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24 | 24 | | assistance dogs and assistance dog handlers; |
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25 | 25 | | (2) "Certified facility dog" means a trained working dog that has: |
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26 | 26 | | (A) Documentation showing that the certified facility dog is a |
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27 | 27 | | graduate of an assistance dog organization; |
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28 | 28 | | (B) At least two (2) years of training and passed the service dog |
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29 | 29 | | public access test; |
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30 | 30 | | (C) A current annual certificate of health from a veterinarian |
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31 | 31 | | licensed in this state; and |
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32 | 32 | | (D) Proof of liability insurance in the minimum amount of five |
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33 | 33 | | hundred thousand dollars ($500,000); and |
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34 | 34 | | (3) "Certified handler" means a person who has received training from an |
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35 | 35 | | assistance dog organization and has received training on the protocols and |
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36 | 36 | | policies of legal proceedings and the role of the certified facility dog and certified |
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37 | 37 | | |
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38 | 38 | | |
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39 | 39 | | - 2 - 000390 |
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40 | 40 | | |
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41 | 41 | | handler to ensure that there is no interference with the collection of evidence, |
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42 | 42 | | presentation of testimony, or administration of justice. |
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43 | 43 | | (b) The court may allow a certified facility dog to accompany a victim or other |
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44 | 44 | | witness while testifying or in other court proceedings for the purpose of reducing the |
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45 | 45 | | stress of the witness and to enhance the ability of the court to obtain full and accurate |
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46 | 46 | | testimony. |
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47 | 47 | | (c) If a court allows the use of a certified facility dog to accompany a witness on |
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48 | 48 | | the witness stand during a court proceeding in which a jury has been empaneled, then: |
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49 | 49 | | (1) The certified facility dog must be accompanied by a certified handler |
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50 | 50 | | to and from the witness stand outside the presence of the jury and the certified |
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51 | 51 | | handler must maintain a position in the courtroom within view of the witness |
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52 | 52 | | stand during the witness's testimony; and |
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53 | 53 | | (2) The court shall inform the jury of the presence of the certified facility |
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54 | 54 | | dog and instruct the jury that the presence of the certified facility dog shall not be |
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55 | 55 | | construed to prejudice any party. |
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56 | 56 | | (d) During trial proceedings, the court must take all necessary precautions to |
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57 | 57 | | obscure the presence of the certified facility dog from the jury as much as possible. |
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58 | 58 | | (e) A certified facility dog must wear visible markings identifying the dog as a |
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59 | 59 | | certified facility dog while working. |
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60 | 60 | | (f) Prior to the use of a certified facility dog in a court proceeding, the party |
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61 | 61 | | seeking to use the certified facility dog must file a motion with the court requesting |
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62 | 62 | | approval of the use of the certified facility dog. The court may examine and confirm the |
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63 | 63 | | credentials of the certified facility dog and the certified handler. |
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64 | 64 | | SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it. |
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