STATE OF NEW YORK
________________________________________________________________________
4865--A
2013-2014 Regular Sessions
IN SENATE
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:
1 Section 1. This act shall be known and shall be cited as "Rosie's
2 Law".
3 § 2. Legislative intent. Testifying in court is an unfamiliar and
4 stressful event for most people and certain individuals are at a greater
5 predisposition to be impacted by this experience. Stress can hamper the
6 ability of a witness to provide testimony in a proceeding and interfere
7 with the truth finding process. Scientific evidence has shown that calm
8 dogs reduce stress in humans. When certain individuals are permitted to
9 have a facility dog assist them while testifying during a court proceed-
10 ing it helps reduce their stress so that they can better communicate.
11 The purpose of this legislation is to facilitate the truth finding proc-
12 ess through fair and accurate testimony. If in order to facilitate
13 testimony that is fair and accurate, the court determines by a prepon-
14 derance of the evidence that a vulnerable witness could suffer emotional
15 distress while testifying in court that could impair the ability of the
16 victim or witness to effectively communicate, the court may order that a
17 facility dog or the equivalent thereof, if available, may accompany the
18 vulnerable witness to the witness stand or be visible to the vulnerable
19 witness in the courtroom.
20 § 3. The criminal procedure law is amended by adding a new article 67
21 to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10376-05-3
S. 4865--A 2
1 ARTICLE 67
2 USE OF FACILITY DOGS FOR CERTAIN WITNESSES
3 Section 67.00 Definitions.
4 67.10 Use of facility dogs; general rule.
5 § 67.00 Definitions.
6 As used in this article the following terms shall have the meanings as
7 indicated:
8 1. "Facility dog" means a dog that is a graduate from an assistance
9 dog organization accredited by Assistance Dogs International. A facility
10 dog must be partnered with a working professional facilitator, be
11 skilled at maintaining a calm manner, and have good social behavior in a
12 variety of environments. A facility dog must also be accustomed to
13 interacting with individuals with physical, emotional and/or develop-
14 mental disabilities.
15 2. "Vulnerable witness" means a victim or witness who is determined by
16 the court to be unable to effectively communicate on the stand for
17 reasons including but not limited to language, intellectual or emotional
18 disability, anxiety, fear, intimidation, or age.
19 § 67.10 Use of facility dogs; general rule.
20 1. A court shall permit the use of a facility dog when, in a criminal
21 proceeding involving the testimony of a vulnerable witness, the court
22 determines by a preponderance of the evidence that it is likely that
23 such witness will be unable to effectively communicate if required to
24 testify without the presence of such facility dog and that the presence
25 of such facility dog will facilitate such testimony.
26 2. A facility dog is equally available to the defense or prosecution
27 witnesses for this purpose.
28 3. Upon motion of the party wishing to use a facility dog, the court
29 shall conduct a hearing. It shall be the burden of the moving party to
30 demonstrate to the court by a preponderance of the evidence that the use
31 of such a facility dog is a reasonable accommodation because such
32 witness may be hampered or unable to provide testimony without the
33 assistance of the facility dog.
34 4. A jury instruction shall be given both before and after the appear-
35 ance of the facility dog with the witness and at the conclusion of the
36 trial. Such instruction shall include that the dog is a highly trained
37 professional who is properly referred to as a "courthouse facility dog."
38 Included in this shall be the emphasis that the dog is not a pet, is not
39 owned by the witness and is equally available to both the prosecution
40 and defense under certain circumstances. Such instruction shall include
41 that the presence of the facility dog is in no way to be interpreted as
42 reflecting on the truthfulness of the testimony offered. Such instruc-
43 tion shall also include that the presence of the dog is a reasonable
44 accommodation to the witness in allowing them to fulfill the obligation
45 of testifying in a court of law.
46 5. The potential unavailability of a facility dog shall not be consid-
47 ered by the court to be prejudicial in any way to either the prosecution
48 or defense. The use of such a dog shall necessarily be determined by the
49 availability and reasonable efforts necessary to secure the assistance
50 of a facility dog. Should the court deem that the securing of an appro-
51 priate facility dog would be an unreasonable burden, then the testimony
52 of the witness shall proceed without the accommodation of a facility
53 dog.
54 § 4. This act shall take effect immediately.
