Witnesses

Plain English Breakdown

The official source material does not provide information about what happens if a witness or victim declines the use of a certified facility dog, how courts will enforce jury bias prevention, and penalties for non-compliance with certification requirements.

Certified Facility Dogs in Court

This bill allows courts to permit trained dogs to assist victims or other witnesses during court proceedings for stress reduction and improved testimony.

What This Bill Does

• Allows a court to let certified facility dogs help victims or other witnesses while they are testifying or in other parts of the trial.
• Requires that a certified facility dog must have proof it is trained, has health certificates, and insurance coverage.
• Specifies that if a jury is present during testimony, a handler must accompany the dog and stay visible to ensure no interference with court proceedings.
• Instructs courts to inform juries about the presence of a certified facility dog without suggesting any bias towards either party in the case.

Who It Names or Affects

• Victims or witnesses who may benefit from having a trained dog present during their testimony.
• Courts that will now have guidelines for allowing and managing certified facility dogs in proceedings.
• Certified facility dogs and their handlers, who must meet specific training and certification requirements.

Terms To Know

certified facility dog

A trained working dog that has completed a program from an assistance dog organization and meets health and insurance standards.

certified handler

A person who is trained to work with certified facility dogs in legal settings without interfering with court proceedings.

Limits and Unknowns

• The bill does not specify what happens if a witness or victim declines the use of a certified facility dog.
• It's unclear how courts will enforce the requirement for juries to remain unbiased when aware of a certified facility dog’s presence.
• There are no details on penalties for non-compliance with the certification requirements.

Official Summary Text

CERTIFIED
FACILITY DOG AUTHORIZED

This bill authorizes a court to allow a certified facility dog to
accompany a victim or other witness while testifying or in other court proceedings for the purpose of reducing the stress of the witness and to enhance the ability
of the court to obtain full and accurate testimony.
A "c
ertified facility dog" means a trained working dog that has
(i) d
ocumentation showing that the certified facility dog is a graduate of an assistance dog organization;

(
ii
)
a
t least two years of train
ing and passed the service dog public access test;

(
iii
)
a
current annual certificate of health from a veterinarian licensed in this state; and

(
iv
)
p
roof of liability insurance in the minimum amount of $500,000
.

If a certified facility dog is allowed to
accompany a witness on the witness stand during a court proceeding in which a jury has been empaneled, then this bill requires (i) t
he certified facility dog
to
be accompanied by a certified handler to and from the witness stand outside the presence of th
e jury and the certified handler must maintain a position in the courtroom within view of the witness stand during the witness's testimony
,
and
(ii) t
he court
to
inform the jury of the presence of the certified facility dog and instruct the jury that the p
resence of the certified facility dog
must
not be construed to prejudice any party.
Additionally, during trial proceedings, the court must take all necessary precautions to
obscure the presence of the certified facility dog from the jury as much as possib
le.

Certified Handler
Qualifications

As used in this bill, a "certified
handler" means a person who has received training from an assistance dog organization and has received training on the protocols and policies of legal proceedings and the role of
the certified facility dog and certified handler to ensure that there is no interference with the collection of evidence, presentation of testimony, or administration of justice
.
An
"
a
ssistance dog organization" means a nonprofit organization that sets s
tandards of training for the health, welfare, task work, and oversight of assistance dogs and assistance dog handlers
.

Identification Required

This bill requires a certified facility dog to wear visible markings identifying the dog as a certified facil
ity dog while working.

Motion Required

This bill requires the party seeking to use the certified facility dog to file a motion with the court requesting approval of the use of the certified facility dog, prior to the court proceeding. The court must
examine and confirm the credentials of the certified facility dog and the certified handler.

Current Bill Text

SENATE BILL 391
By Hatcher

HOUSE BILL 762
By Littleton

HB0762
000390
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 24;
Title 36; Title 37 and Title 40, relative to certified
facility dogs.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 24, Chapter 7, is amended by adding
the following as a new section:
24-7-126.
(a) As used in this section:
(1) "Assistance dog organization" means a nonprofit organization that
sets standards of training for the health, welfare, task work, and oversight of
assistance dogs and assistance dog handlers;
(2) "Certified facility dog" means a trained working dog that has:
(A) Documentation showing that the certified facility dog is a
graduate of an assistance dog organization;
(B) At least two (2) years of training and passed the service dog
public access test;
(C) A current annual certificate of health from a veterinarian
licensed in this state; and
(D) Proof of liability insurance in the minimum amount of five
hundred thousand dollars ($500,000); and
(3) "Certified handler" means a person who has received training from an
assistance dog organization and has received training on the protocols and
policies of legal proceedings and the role of the certified facility dog and certified

- 2 - 000390

handler to ensure that there is no interference with the collection of evidence,
presentation of testimony, or administration of justice.
(b) The court may allow a certified facility dog to accompany a victim or other
witness while testifying or in other court proceedings for the purpose of reducing the
stress of the witness and to enhance the ability of the court to obtain full and accurate
testimony.
(c) If a court allows the use of a certified facility dog to accompany a witness on
the witness stand during a court proceeding in which a jury has been empaneled, then:
(1) The certified facility dog must be accompanied by a certified handler
to and from the witness stand outside the presence of the jury and the certified
handler must maintain a position in the courtroom within view of the witness
stand during the witness's testimony; and
(2) The court shall inform the jury of the presence of the certified facility
dog and instruct the jury that the presence of the certified facility dog shall not be
construed to prejudice any party.
(d) During trial proceedings, the court must take all necessary precautions to
obscure the presence of the certified facility dog from the jury as much as possible.
(e) A certified facility dog must wear visible markings identifying the dog as a
certified facility dog while working.
(f) Prior to the use of a certified facility dog in a court proceeding, the party
seeking to use the certified facility dog must file a motion with the court requesting
approval of the use of the certified facility dog. The court may examine and confirm the
credentials of the certified facility dog and the certified handler.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.