S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4616
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2021
                                ___________
 
 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:

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

                                                            LBD08809-01-1

 S. 4616                             2
 
 child's  anxiety,  prevents  recurrent  trauma, and supports the child's
 ability to respond to questions and information requests during investi-
 gations and subsequent court processes, and may  hasten  their  recovery
 from  this experience.  Likewise, the courthouse facility dog program is
 an effective intervention for persons who have  developmental  disabili-
 ties,  adults  who  experienced  childhood  trauma, and other vulnerable
 people who could have difficulty engaging with the legal process.
   The legislature finds that multiple visits between a potential witness
 and the courthouse facility dog and handler may be needed  to  establish
 the  relationship  supporting an order for the courthouse facility dog's
 presence in court during testimony. Courthouse facility dogs  and  their
 handlers require access to locations outside the courthouse for meetings
 with  potential witnesses or other activities associated with the court-
 house facility dog program's operations.  The  law  does  not  expressly
 authorize  access  for the dog and handler to noncourthouse locations or
 public transportation. Therefore, the legislature intends  to  authorize
 expanded  access  for  courthouse  facility  dogs  and their handlers to
 locations outside courthouses and to modes of public  transportation  to
 provide this service.
   § 2. The judiciary law is amended by adding a new section 39-c to read
 as follows:
   §  39-C.  COURTHOUSE FACILITY DOGS. 1.  COURTS ARE AUTHORIZED TO EXER-
 CISE  DISCRETION  PERMITTING  A  COURTHOUSE  FACILITY  DOG  FOR  USE  BY
 WITNESSES TO BE USED IN ANY JUDICIAL PROCEEDING.
   2.  COURTS  WITH  AN  AVAILABLE  COURTHOUSE  FACILITY DOG MUST ALLOW A
 WITNESS UNDER EIGHTEEN YEARS OF AGE, OR WHO HAS A DEVELOPMENTAL DISABIL-
 ITY, TO USE A COURTHOUSE FACILITY DOG TO  ACCOMPANY  SUCH  PERSON  WHILE
 TESTIFYING IN COURT.
   3.  COURTS  MAY  ALLOW  ANY  WITNESS WHO DOES NOT MEET THE CRITERIA IN
 SUBDIVISION TWO OF THIS SECTION TO USE A  COURTHOUSE  FACILITY  DOG,  IF
 AVAILABLE, TO ACCOMPANY THEM WHILE TESTIFYING IN COURT.
   4. (A) A COURTHOUSE FACILITY DOG ACCOMPANIED BY A CERTIFIED HANDLER IS
 AUTHORIZED TO ACCESS:
   (I) ANY COURTHOUSE;
   (II)  ANY  LOCATION  WHERE  THE  COURTHOUSE FACILITY DOG AND CERTIFIED
 HANDLER PROVIDE SERVICES, PARTICIPATE IN  ADMINISTRATIVE  ACTIVITIES  OF
 THE  COURTHOUSE  FACILITY  DOG PROGRAM, ENGAGE IN COMMUNITY OUTREACH, OR
 PARTICIPATE IN TRAINING ACTIVITIES;
   (III) ANY LOCATION RELATED TO A LAW  ENFORCEMENT  INVESTIGATION  WHERE
 LAW ENFORCEMENT REQUESTS THEIR PRESENCE; AND
   (IV) MATTERS PENDING IN THE CIVIL OR CRIMINAL JUSTICE SYSTEM.
   (B)  AUTHORIZED  LOCATIONS  INCLUDE, BUT ARE NOT LIMITED TO, PLACES OF
 PUBLIC ACCOMMODATION, ALL MODES  OF  PUBLIC  TRANSPORTATION,  CHILDREN'S
 ADVOCACY  CENTERS,  SCHOOLS,  DAY CARE FACILITIES, LAW ENFORCEMENT AGEN-
 CIES, PROSECUTORS'  OFFICES,  ATTORNEYS'  OFFICES,  MEDICAL  FACILITIES,
 SPECIALTY  COURTS, AND COURT-APPOINTED SPECIAL ADVOCATES AND GUARDIAN AD
 LITEM PROGRAM OFFICES. THE CERTIFIED HANDLER MAY BE ASKED TO SHOW  IDEN-
 TIFICATION,  PROVIDED  BY THE QUALIFIED ASSISTANCE DOG ORGANIZATION THAT
 TRAINED THE COURTHOUSE FACILITY DOG AND COURTHOUSE HANDLER, TO ESTABLISH
 THAT THEIR PUBLIC ACCESS IS AUTHORIZED.
   5. BEFORE THE INTRODUCTION OF  A  COURTHOUSE  FACILITY  DOG  INTO  THE
 COURTROOM  AND  OUTSIDE  THE PRESENCE OF THE JURY, THE PARTY DESIRING TO
 USE THE ASSISTANCE OF A COURTHOUSE  FACILITY  DOG  MUST  FILE  A  MOTION
 SETTING OUT:
   (A) THE CREDENTIALS OF THE COURTHOUSE FACILITY DOG;
   (B) THAT THE COURTHOUSE FACILITY DOG IS ADEQUATELY INSURED;

 S. 4616                             3
 
   (C)  THAT  A RELATIONSHIP HAS BEEN ESTABLISHED BETWEEN THE WITNESS AND
 THE COURTHOUSE FACILITY DOG IN ANTICIPATION OF TESTIMONY; AND
   (D)  REASONS  WHY  THE  COURTHOUSE  FACILITY DOG WOULD HELP REDUCE THE
 WITNESS'S ANXIETY AND ELICIT THE WITNESS'S TESTIMONY.
   6. WHEN THE COURT FINDS THE CIRCUMSTANCES WARRANT THE  PRESENCE  OF  A
 COURTHOUSE  FACILITY DOG IS NECESSARY TO FACILITATE A WITNESS'S TESTIMO-
 NY, THE COURT MUST STATE THE BASIS FOR ITS DECISION ON THE  RECORD.  THE
 WITNESS  MUST  BE AFFORDED THE OPPORTUNITY TO HAVE A COURTHOUSE FACILITY
 DOG ACCOMPANY THE WITNESS WHILE TESTIFYING, IF A COURTHOUSE FACILITY DOG
 AND CERTIFIED HANDLER ARE AVAILABLE WITHIN THE JURISDICTION OF THE COURT
 IN WHICH THE PROCEEDING IS HELD.
   7. IF THE COURT GRANTS THE MOTION FILED UNDER SUBDIVISION FIVE OF THIS
 SECTION, THE CERTIFIED HANDLER MUST BE PRESENT IN THE COURTROOM TO ADVO-
 CATE FOR THE COURTHOUSE FACILITY  DOG  AS  NECESSARY.    THE  COURTHOUSE
 FACILITY  DOG PERFORMING THIS SERVICE SHOULD BE TRAINED TO ACCOMPANY THE
 WITNESS TO THE STAND WITHOUT BEING ATTACHED TO THE CERTIFIED HANDLER  BY
 A  LEASH  AND LIE ON THE FLOOR OUT OF VIEW OF THE JURY WHILE THE WITNESS
 TESTIFIES.
   8. IN A JURY TRIAL, THE FOLLOWING PROVISIONS APPLY:
   (A) IN THE COURSE OF  JURY  SELECTION,  EITHER  PARTY  MAY,  WITH  THE
 COURT'S  APPROVAL,  VOIR  DIRE  PROSPECTIVE  JURY MEMBERS ON WHETHER THE
 PRESENCE OF A COURTHOUSE FACILITY DOG TO ASSIST A WITNESS  WOULD  CREATE
 UNDUE  SYMPATHY  FOR  THE  WITNESS  OR CAUSE PREJUDICE TO A PARTY IN ANY
 OTHER WAY.
   (B) TO THE EXTENT POSSIBLE, THE COURT SHALL ENSURE THAT THE JURY  WILL
 BE  UNABLE  TO OBSERVE THE COURTHOUSE FACILITY DOG PRIOR TO, DURING, AND
 SUBSEQUENT TO THE WITNESS'S TESTIMONY.
   (C) ON REQUEST OF EITHER PARTY, THE COURT  SHALL  PRESENT  APPROPRIATE
 JURY  INSTRUCTIONS THAT ARE DESIGNED TO PREVENT ANY PREJUDICE THAT MIGHT
 RESULT FROM THE PRESENCE OF  THE  COURTHOUSE  FACILITY  DOG  BEFORE  THE
 WITNESS TESTIFIES AND AT THE CONCLUSION OF THE TRIAL.
   9.  COURTS  MAY  ADOPT  RULES FOR THE USE OF A COURTHOUSE FACILITY DOG
 AUTHORIZED UNDER THIS SECTION.
   10. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (A)  "CERTIFIED HANDLER" MEANS A PERSON WHO: (I) WAS TRAINED TO HANDLE
 THE COURTHOUSE FACILITY DOG BY  THE  ASSISTANCE  DOG  ORGANIZATION  THAT
 PLACED  THE  DOG; AND (II) IS A PROFESSIONAL WORKING IN THE LEGAL SYSTEM
 WHO IS KNOWLEDGEABLE ABOUT ITS PRACTICES INCLUDING, BUT NOT LIMITED  TO,
 VICTIM  ADVOCATES, FORENSIC INTERVIEWERS, DETECTIVES, PROSECUTING ATTOR-
 NEYS, AND GUARDIANS AD LITEM.
   (B) "COURTHOUSE FACILITY DOG" MEANS A DOG THAT:
   (I) HAS GRADUATED FROM A PROGRAM OF  AN  ASSISTANCE  DOG  ORGANIZATION
 THAT IS ACCREDITED BY A RECOGNIZED ORGANIZATION WHOSE MAIN PURPOSE IS TO
 GRANT  ACCREDITATION  TO ASSISTANCE DOG ORGANIZATIONS BASED ON STANDARDS
 OF EXCELLENCE IN ALL AREAS OF ASSISTANCE DOG  ACQUISITION,  TRAINING  OF
 THE DOGS AND THEIR CERTIFIED HANDLERS, AND PLACEMENT;
   (II) DEMONSTRATES CONTINUED PROFICIENCY IN PROVIDING SAFE AND RELIABLE
 SERVICES THROUGH ONGOING TRAINING ACCORDING TO THE ASSISTANCE DOG ORGAN-
 IZATION'S TRAINING STANDARDS;
   (III)  WAS  SPECIALLY SELECTED TO PROVIDE SERVICES IN THE LEGAL SYSTEM
 TO PROVIDE QUIET COMPANIONSHIP  TO  WITNESSES  AND  POTENTIAL  WITNESSES
 DURING  STRESSFUL INTERVIEWS, EXAMINATIONS, MEETINGS, AND OTHER ENCOUNT-
 ERS  ASSOCIATED  WITH  A  LAW  ENFORCEMENT  INVESTIGATION,   AND   LEGAL
 PROCEEDINGS,  THEREBY  ENABLING  THEM TO BETTER ENGAGE WITH THE PROCESS;
 AND

 S. 4616                             4
 
   (IV) TRAVELS AS NEEDED WITH A CERTIFIED HANDLER AS A TEAM TO AND  FROM
 AUTHORIZED   LOCATIONS  FOR  TRAINING,  COMMUNITY  OUTREACH,  AND  OTHER
 PURPOSES ASSOCIATED WITH THE OPERATIONS OF  A  COURTHOUSE  FACILITY  DOG
 PROGRAM ESTABLISHED IN THIS SECTION.
   § 3. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.