The New York State Senate

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

                                   389

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M.  of  A.  SKARTADOS  --  read once and referred 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 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:
                               ARTICLE 67
               USE OF FACILITY DOGS FOR CERTAIN WITNESSES
SECTION 67.00 DEFINITIONS.

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

                                                           LBD00603-01-5

A. 389                              2

        67.10 USE OF FACILITY DOGS; GENERAL RULE.
S 67.00 DEFINITIONS.
  AS USED IN THIS ARTICLE THE FOLLOWING TERMS SHALL HAVE THE MEANINGS AS
INDICATED:
  1.  "FACILITY  DOG"  MEANS A DOG THAT IS A GRADUATE FROM AN ASSISTANCE
DOG ORGANIZATION ACCREDITED BY ASSISTANCE DOGS INTERNATIONAL. A FACILITY
DOG MUST BE  PARTNERED  WITH  A  WORKING  PROFESSIONAL  FACILITATOR,  BE
SKILLED AT MAINTAINING A CALM MANNER, AND HAVE GOOD SOCIAL BEHAVIOR IN A
VARIETY  OF  ENVIRONMENTS.  A  FACILITY  DOG  MUST ALSO BE ACCUSTOMED TO
INTERACTING WITH INDIVIDUALS WITH PHYSICAL,  EMOTIONAL  AND/OR  DEVELOP-
MENTAL DISABILITIES.
  2. "VULNERABLE WITNESS" MEANS A VICTIM OR WITNESS WHO IS DETERMINED BY
THE  COURT  TO  BE  UNABLE  TO  EFFECTIVELY COMMUNICATE ON THE STAND FOR
REASONS INCLUDING BUT NOT LIMITED TO LANGUAGE, INTELLECTUAL OR EMOTIONAL
DISABILITY, ANXIETY, FEAR, INTIMIDATION, OR AGE.
S 67.10 USE OF FACILITY DOGS; GENERAL RULE.
  1. A COURT SHALL PERMIT THE USE OF A FACILITY DOG WHEN, IN A  CRIMINAL
PROCEEDING  INVOLVING  THE  TESTIMONY OF A VULNERABLE WITNESS, THE COURT
DETERMINES BY A PREPONDERANCE OF THE EVIDENCE THAT  IT  IS  LIKELY  THAT
SUCH  WITNESS  WILL  BE UNABLE TO EFFECTIVELY COMMUNICATE IF REQUIRED TO
TESTIFY WITHOUT THE PRESENCE OF SUCH FACILITY DOG AND THAT THE  PRESENCE
OF SUCH FACILITY DOG WILL FACILITATE SUCH TESTIMONY.
  2.  A  FACILITY DOG IS EQUALLY AVAILABLE TO THE DEFENSE OR PROSECUTION
WITNESSES FOR THIS PURPOSE.
  3. UPON MOTION OF THE PARTY WISHING TO USE A FACILITY DOG,  THE  COURT
SHALL  CONDUCT  A HEARING. IT SHALL BE THE BURDEN OF THE MOVING PARTY TO
DEMONSTRATE TO THE COURT BY A PREPONDERANCE OF THE EVIDENCE THAT THE USE
OF SUCH A FACILITY  DOG  IS  A  REASONABLE  ACCOMMODATION  BECAUSE  SUCH
WITNESS  MAY  BE  HAMPERED  OR  UNABLE  TO PROVIDE TESTIMONY WITHOUT THE
ASSISTANCE OF THE FACILITY DOG.
  4. A JURY INSTRUCTION SHALL BE GIVEN BOTH BEFORE AND AFTER THE APPEAR-
ANCE OF THE FACILITY DOG WITH THE WITNESS AND AT THE CONCLUSION  OF  THE
TRIAL.  SUCH  INSTRUCTION SHALL INCLUDE THAT THE DOG IS A HIGHLY TRAINED
PROFESSIONAL WHO IS PROPERLY REFERRED TO AS A "COURTHOUSE FACILITY DOG."
INCLUDED IN THIS SHALL BE THE EMPHASIS THAT THE DOG IS NOT A PET, IS NOT
OWNED BY THE WITNESS AND IS EQUALLY AVAILABLE TO  BOTH  THE  PROSECUTION
AND  DEFENSE UNDER CERTAIN CIRCUMSTANCES. SUCH INSTRUCTION SHALL INCLUDE
THAT THE PRESENCE OF THE FACILITY DOG IS IN NO WAY TO BE INTERPRETED  AS
REFLECTING  ON  THE TRUTHFULNESS OF THE TESTIMONY OFFERED. SUCH INSTRUC-
TION SHALL ALSO INCLUDE THAT THE PRESENCE OF THE  DOG  IS  A  REASONABLE
ACCOMMODATION  TO THE WITNESS IN ALLOWING THEM TO FULFILL THE OBLIGATION
OF TESTIFYING IN A COURT OF LAW.
  5. THE POTENTIAL UNAVAILABILITY OF A FACILITY DOG SHALL NOT BE CONSID-
ERED BY THE COURT TO BE PREJUDICIAL IN ANY WAY TO EITHER THE PROSECUTION
OR DEFENSE. THE USE OF SUCH A DOG SHALL NECESSARILY BE DETERMINED BY THE
AVAILABILITY AND REASONABLE EFFORTS NECESSARY TO SECURE  THE  ASSISTANCE
OF  A FACILITY DOG. SHOULD THE COURT DEEM THAT THE SECURING OF AN APPRO-
PRIATE FACILITY DOG WOULD BE AN UNREASONABLE BURDEN, THEN THE  TESTIMONY
OF  THE  WITNESS  SHALL  PROCEED WITHOUT THE ACCOMMODATION OF A FACILITY
DOG.
  S 4. This act shall take effect immediately.