senate Bill S4865A

2013-2014 Legislative Session

Relates to providing witnesses with facility dogs

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Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 29, 2014 defeated in codes
Mar 10, 2014 notice of committee consideration - requested
Jan 08, 2014 referred to codes
Nov 15, 2013 print number 4865a
amend and recommit to codes
Apr 29, 2013 referred to codes

Votes

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Apr 29, 2014 - Codes committee Vote

S4865A
6
10
committee
6
Aye
10
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Co-Sponsors

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S4865 - Details

See Assembly Version of this Bill:
A7159A
Law Section:
Criminal Procedure Law
Laws Affected:
Add Art 67 §§67.00 & 67.10, CP L

S4865 - Summary

Relates to providing witnesses with facility dogs.

S4865 - Sponsor Memo

S4865 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4865

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 29, 2013
                               ___________

Introduced  by  Sen.  GIPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the criminal procedure law,  in  relation  to  providing
  witnesses with facility dogs

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and  shall  be  cited  as  "Rosie's
Law".
  S  2.  Legislative  intent.  Testifying  in court is an unfamiliar and
stressful event for most people and certain individuals are at a greater
predisposition to be impacted by the stress. The stress can  hamper  the
ability  of a witness to provide testimony in a proceeding and interfere
with the truth finding process. It has  been  shown  that  when  certain
individuals are permitted to have a facility dog assist them in a court-
house setting it helps reduce victim or witness anxiety.  The purpose of
this legislation is to facilitate the truth finding process through fair
and accurate testimony. If in order to facilitate testimony that is fair
and  accurate,  the  court determines by a preponderance of the evidence
that a victim or witness who is either under the age of  18,  physically
or  mentally  impaired  or a victim or witness of a crime of violence or
sexual assault could suffer emotional distress while testifying in court
that could impair the ability of the victim or  witness  to  effectively
communicate,  the  court may order that a facility dog or the equivalent
thereof, if available, may  accompany  the  victim  or  witness  to  the
witness stand or be visible to the victim or witness in the courtroom.
  S  3. The criminal procedure law is amended by adding a new article 67
to read as follows:
                               ARTICLE 67
               USE OF FACILITY DOGS FOR CERTAIN WITNESSES
SECTION 67.00 DEFINITIONS.
        67.10 USE OF FACILITY DOGS; GENERAL RULE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10376-02-3

Co-Sponsors

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S4865A (ACTIVE) - Details

See Assembly Version of this Bill:
A7159A
Law Section:
Criminal Procedure Law
Laws Affected:
Add Art 67 §§67.00 & 67.10, CP L

S4865A (ACTIVE) - Summary

Relates to providing witnesses with facility dogs.

S4865A (ACTIVE) - Sponsor Memo

S4865A (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4865--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 29, 2013
                               ___________

Introduced  by  Sens.  GIPSON,  AVELLA, BALL, CARLUCCI, PARKER, SAMPSON,
  SAVINO -- read twice and ordered  printed,  and  when  printed  to  be
  committed  to  the  Committee  on  Codes -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the criminal procedure law, in relation to providing
  witnesses with facility dogs

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act  shall  be known and shall be cited as "Rosie's
Law".
  S 2. Legislative intent. Testifying in  court  is  an  unfamiliar  and
stressful event for most people and certain individuals are at a greater
predisposition  to be impacted by this experience. Stress can hamper the
ability of a witness to provide testimony in a proceeding and  interfere
with  the truth finding process. Scientific evidence has shown that calm
dogs reduce stress in humans. When certain individuals are permitted  to
have a facility dog assist them while testifying during a court proceed-
ing  it  helps  reduce their stress so that they can better communicate.
The purpose of this legislation is to facilitate the truth finding proc-
ess through fair and accurate  testimony.  If  in  order  to  facilitate
testimony  that  is fair and accurate, the court determines by a prepon-
derance of the evidence that a vulnerable witness could suffer emotional
distress while testifying in court that could impair the ability of  the
victim or witness to effectively communicate, the court may order that a
facility  dog or the equivalent thereof, if available, may accompany the
vulnerable witness to the witness stand or be visible to the  vulnerable
witness in the courtroom.
  S  3. The criminal procedure law is amended by adding a new article 67
to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10376-05-3

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