Texas 2025 - 89th Regular

Texas House Bill HB4563 Compare Versions

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

Old	New	Differences
1	1	89R16034 MEW-D
2	2	By: Flores H.B. No. 4563
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to allowing a therapy or facility dog to accompany a child
10	10	or a person with a disability during testimony in certain criminal
11	11	cases.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 38, Code of Criminal Procedure, is
14	14	amended by adding Article 38.077 to read as follows:
15	15	Art. 38.077. TESTIMONY OF CHILD OR PERSON WITH DISABILITY;
16	16	AUTHORIZING THERAPY OR FACILITY DOGS FOR CERTAIN CRIMINAL
17	17	PROCEEDINGS. (a) In this article:
18	18	(1) "Assistance dog organization" means an
19	19	organization that is an accredited member of Assistance Dogs
20	20	International or a similar nonprofit organization that grants
21	21	accreditation to an organization based on the organization's
22	22	adherence to standards of excellence in assistance dog acquisition,
23	23	training, and placement.
24	24	(2) "Child" means a person younger than 18 years of
25	25	age.
26	26	(3) "Facility dog" means a dog that has:
27	27	(A) successfully completed a training program
28	28	that is provided by an assistance dog organization on providing
29	29	emotional comfort in a high-stress environment for the purpose of
30	30	enhancing a witness's ability to speak during a judicial hearing or
31	31	proceeding and reducing the witness's stress level; and
32	32	(B) passed the Assistance Dogs International
33	33	Public Access Certification Test, or a test having standards
34	34	substantially similar to the standards of the Assistance Dogs
35	35	International Public Access Certification Test in effect on
36	36	September 1, 2025.
37	37	(4) "Handler" means a person who has:
38	38	(A) successfully completed training on offering
39	39	an animal for assistance purposes that is provided by an assistance
40	40	dog organization or Alliance of Therapy Dogs or a similar nonprofit
41	41	organization; and
42	42	(B) received additional training regarding
43	43	policies and protocols of the court and the responsibilities of a
44	44	courtroom dog handler.
45	45	(5) "Person with a disability" means a person with one
46	46	or more documented physical or mental impairments, or who is
47	47	regarded as having one or more physical or mental impairments, that
48	48	substantially limit the person's ability to perform major life
49	49	activities.
50	50	(6) "Therapy dog" means a dog that has:
51	51	(A) successfully completed training,
52	52	certification, or evaluation on providing emotional support
53	53	therapy in public settings, including hospitals, nursing homes, and
54	54	schools, that is provided by the American Kennel Club, Alliance of
55	55	Therapy Dogs, or a similar nonprofit organization; and
56	56	(B) been performing duties related to providing
57	57	emotional support therapy for not less than one year.
58	58	(b) This article applies to the testimony of a witness who
59	59	is:
60	60	(1) a person with a disability in any hearing or
61	61	proceeding in the prosecution of an offense; or
62	62	(2) a child in any hearing or proceeding in the
63	63	prosecution of an offense under any of the following provisions:
64	64	(A) Chapter 481, Health and Safety Code (Texas
65	65	Controlled Substances Act), if:
66	66	(i) the offense was committed under Section
67	67	481.122 (Offense: Delivery of Controlled Substance or Marihuana to
68	68	Child); or
69	69	(ii) the penalty for the offense may be
70	70	increased under Section 481.1122 (Manufacture of Substance in
71	71	Penalty Group 1: Presence of Child) or 481.140 (Use of Child in
72	72	Commission of Offense);
73	73	(B) Title 5, Penal Code (Offenses Against the
74	74	Person);
75	75	(C) Section 25.02, Penal Code (Prohibited Sexual
76	76	Conduct);
77	77	(D) Section 25.11, Penal Code (Continuous
78	78	Violence Against the Family);
79	79	(E) Section 28.02, Penal Code (Arson);
80	80	(F) Chapter 29, Penal Code (Robbery);
81	81	(G) Section 30.02, Penal Code (Burglary), if the
82	82	offense is punishable under Subsection (d) of that section;
83	83	(H) Section 31.03, Penal Code (Theft), if the
84	84	offense is punishable under Subsection (e)(4)(C) of that section;
85	85	(I) Section 36.06, Penal Code (Obstruction or
86	86	Retaliation);
87	87	(J) Section 43.05, Penal Code (Compelling
88	88	Prostitution);
89	89	(K) Section 43.25, Penal Code (Sexual
90	90	Performance by a Child); or
91	91	(L) Section 15.01 (Criminal Attempt) or 15.02
92	92	(Criminal Conspiracy), Penal Code, if the actor intended to commit
93	93	an offense described by Paragraph (A), (B), (C), (D), (E), (F), (G),
94	94	(H), (I), (J), or (K).
95	95	(c) On the motion of any party, or a parent, managing
96	96	conservator, guardian, guardian ad litem of a child or a person with
97	97	a disability, or special advocate for a child, the court may allow a
98	98	witness who is a child or a person with a disability to have a
99	99	therapy or facility dog accompany the witness during that witness's
100	100	testimony if:
101	101	(1) a therapy or facility dog is available to the party
102	102	within the judicial district in which the court is located; and
103	103	(2) the court finds by a preponderance of the evidence
104	104	that:
105	105	(A) the therapy or facility dog and the dog's
106	106	handler are suitably qualified and will reasonably assist the
107	107	witness; and
108	108	(B) granting the motion is not likely to:
109	109	(i) prejudice the trier of fact in
110	110	evaluating the witness' testimony; or
111	111	(ii) cause undue disruption to the hearing
112	112	or proceeding.
113	113	(d) A motion under Subsection (c) must include:
114	114	(1) information regarding:
115	115	(A) the training or credentials of the therapy or
116	116	facility dog; and
117	117	(B) the name and training of the dog's handler;
118	118	and
119	119	(2) evidence that the presence of the therapy or
120	120	facility dog may reduce the anxiety of or otherwise be helpful to
121	121	the witness.
122	122	(e) The court shall take appropriate measures to ensure the
123	123	presence of a therapy or facility dog is as unobtrusive and
124	124	nondisruptive as possible, including requiring the dog's handler to
125	125	accompany the dog in the courtroom at all times.
126	126	(f) If a therapy or facility dog is used during a jury trial,
127	127	on request of any party, the court shall provide appropriate
128	128	instruction to the jury regarding the presence of the dog and the
129	129	dog's handler to prevent prejudice for or against any party.
130	130	(g) This article does not prevent the court from removing or
131	131	excluding a therapy or facility dog from the courtroom to maintain
132	132	order or ensure the fair presentation of evidence.
133	133	SECTION 2. The change in law made by this Act applies to a
134	134	criminal proceeding that commences on or after the effective date
135	135	of this Act. A criminal proceeding that commences before the
136	136	effective date of this Act is governed by the law in effect when the
137	137	proceeding commenced, and the former law is continued in effect for
138	138	that purpose.
139	139	SECTION 3. This Act takes effect September 1, 2025.