Texas 2021 - 87th Regular

Texas House Bill HB1636 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R788 MEW-D
2	2	By: Sherman, Sr. H.B. No. 1636
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to allowing therapy or facility dogs to accompany a child
8	8	or a person with a disability during testimony in certain criminal
9	9	cases.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 38, Code of Criminal Procedure, is
12	12	amended by adding Article 38.077 to read as follows:
13	13	Art. 38.077. TESTIMONY OF CHILD OR PERSON WITH DISABILITY;
14	14	AUTHORIZING THERAPY OR FACILITY DOGS FOR CERTAIN CRIMINAL
15	15	PROCEEDINGS. (a) In this article:
16	16	(1) "Assistance dog organization" means an
17	17	organization that is an accredited member of Assistance Dogs
18	18	International or a similar nonprofit organization that grants
19	19	accreditation to an organization based on the organization's
20	20	adherence to standards of excellence in assistance dog acquisition,
21	21	training, and placement.
22	22	(2) "Child" means a person younger than 18 years of
23	23	age.
24	24	(3) "Facility dog" means a dog that has:
25	25	(A) successfully completed a training program
26	26	that is provided by an assistance dog organization on providing
27	27	emotional comfort in a high-stress environment for the purpose of
28	28	enhancing a witness's ability to speak during a judicial hearing or
29	29	proceeding and reducing the witness's stress level; and
30	30	(B) passed the Assistance Dogs International
31	31	Public Access Certification Test, or a test having standards
32	32	substantially similar to the standards of the Assistance Dogs
33	33	International Public Access Certification Test in effect on
34	34	September 1, 2021.
35	35	(4) "Handler" means a person who has:
36	36	(A) successfully completed training on offering
37	37	an animal for assistance purposes that is provided by an assistance
38	38	dog organization or Alliance of Therapy Dogs or a similar nonprofit
39	39	organization; and
40	40	(B) received additional training regarding
41	41	policies and protocols of the court and the responsibilities of a
42	42	courtroom dog handler.
43	43	(5) "Person with a disability" means a person with one
44	44	or more documented physical or mental impairments, or who is
45	45	regarded as having one or more physical or mental impairments, that
46	46	substantially limit the person's ability to perform major life
47	47	activities.
48	48	(6) "Therapy dog" means a dog that has:
49	49	(A) successfully completed training,
50	50	certification, or evaluation on providing emotional support
51	51	therapy in public settings, including hospitals, nursing homes, and
52	52	schools, that is provided by the American Kennel Club, Alliance of
53	53	Therapy Dogs, or a similar nonprofit organization; and
54	54	(B) been performing duties related to providing
55	55	emotional support therapy for not less than one year.
56	56	(b) This article applies to the testimony of a witness who
57	57	is:
58	58	(1) a person with a disability in any hearing or
59	59	proceeding in the prosecution of an offense; or
60	60	(2) a child in any hearing or proceeding in the
61	61	prosecution of an offense under any of the following provisions:
62	62	(A) Chapter 481, Health and Safety Code
63	63	(Controlled Substances Act), if the offense was committed under
64	64	Section 481.122 (Offense: Delivery of Controlled Substance or
65	65	Marihuana to Child) or the penalty for the offense may be increased
66	66	under Section 481.1122 (Manufacture of Substance In Penalty Group
67	67	1: Presence of Child) or 481.140 (Use of Child in Commission of
68	68	Offense);
69	69	(B) Title 5, Penal Code (Offenses Against The
70	70	Person);
71	71	(C) Section 25.02, Penal Code (Prohibited Sexual
72	72	Conduct);
73	73	(D) Section 25.11, Penal Code (Continuous
74	74	Violence Against The Family);
75	75	(E) Section 28.02, Penal Code (Arson);
76	76	(F) Chapter 29, Penal Code (Robbery);
77	77	(G) Section 30.02, Penal Code (Burglary), if the
78	78	offense is punishable under Subsection (d) of that section;
79	79	(H) Section 31.03, Penal Code (Theft), if the
80	80	offense is punishable under Subsection (e)(4)(C) of that section;
81	81	(I) Section 36.06, Penal Code (Obstruction or
82	82	Retaliation);
83	83	(J) Section 43.05, Penal Code (Compelling
84	84	Prostitution);
85	85	(K) Section 43.25, Penal Code (Sexual
86	86	Performance by a Child); or
87	87	(L) Section 15.01 (Criminal Attempt) or 15.02
88	88	(Conspiracy), Penal Code, if the actor intended to commit an
89	89	offense described by Paragraph (A), (B), (C), (D), (E), (F), (G),
90	90	(H), (I), (J), or (K).
91	91	(c) On the motion of any party, or a parent, managing
92	92	conservator, guardian, guardian ad litem of a child or a person with
93	93	a disability, or special advocate for a child, the court may allow a
94	94	witness who is a child or a person with a disability to have a
95	95	therapy or facility dog accompany the witness during that witness's
96	96	testimony if:
97	97	(1) a therapy or facility dog is available to the party
98	98	within the judicial district in which the court is located; and
99	99	(2) the court finds by a preponderance of the evidence
100	100	that:
101	101	(A) the therapy or facility dog and the dog's
102	102	handler are suitably qualified and will reasonably assist the
103	103	witness; and
104	104	(B) granting the motion is not likely to:
105	105	(i) prejudice the trier of fact in
106	106	evaluating the witness' testimony; or
107	107	(ii) cause undue disruption to the hearing
108	108	or proceeding.
109	109	(d) A motion under Subsection (c) must include:
110	110	(1) information regarding:
111	111	(A) the training or credentials of the therapy or
112	112	facility dog; and
113	113	(B) the name and training of the dog's handler;
114	114	and
115	115	(2) evidence that the presence of the therapy or
116	116	facility dog may reduce the anxiety of or otherwise be helpful to
117	117	the witness.
118	118	(e) The court shall take appropriate measures to ensure the
119	119	presence of a therapy or facility dog is as unobtrusive and
120	120	nondisruptive as possible, including requiring the dog's handler to
121	121	accompany the dog in the courtroom at all times.
122	122	(f) If a therapy or facility dog is used during a jury trial,
123	123	on request of any party, the court shall provide appropriate
124	124	instruction to the jury regarding the presence of the dog and the
125	125	dog's handler to prevent prejudice for or against any party.
126	126	(g) This section does not prevent the court from removing or
127	127	excluding a therapy or facility dog from the courtroom to maintain
128	128	order or ensure the fair presentation of evidence.
129	129	SECTION 2. The change in law made by this Act applies to a
130	130	criminal proceeding that commences on or after the effective date
131	131	of this Act. A criminal proceeding that commences before the
132	132	effective date of this Act is governed by the law in effect when the
133	133	proceeding commenced, and the former law is continued in effect for
134	134	that purpose.
135	135	SECTION 3. This Act takes effect September 1, 2021.