HOUSE OF REPRESENTATIVES

H.B. NO.

1668

TWENTY-EIGHTH LEGISLATURE, 2016

S.D. 1

STATE OF HAWAII

C.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE USE OF A DOG IN JUDICIAL PROCEEDINGS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. The Hawaii Revised Statutes is amended by adding a new section to be appropriately designated and to read as follows:

"   -   Use of a facility dog. (a) For purposes of this section:

"Facility dog" means a dog that is a graduate of an assistance dog organization that is accredited by Assistance Dogs International or a similar internationally 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, and placement. A "facility dog" shall be specially trained to provide emotional support to witnesses testifying in judicial proceedings without causing a distraction during the proceedings.

"Vulnerable witness" means a witness whose ability to testify in a judicial proceeding will be hampered or ineffective without the assistance of a facility dog, for reasons including but not limited to intellectual or emotional disability, intimidation, or age.

(b) A court may permit the use of a facility dog in a judicial proceeding involving the testimony of a vulnerable witness if the court determines that there is a compelling necessity for the use of a facility dog to facilitate the testimony of the vulnerable witness.

(c) Before the use of a facility dog in a judicial proceeding, the moving party shall file a motion certifying to the court:

(1) The credentials of the facility dog;

(2) That the facility dog is adequately insured; and

(3) That a relationship has been established between the witness and the facility dog.

(d) To the extent necessary, the court may impose restrictions, or instructions to the jury, regarding the presence of the facility dog during the proceedings."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.



Report Title:

Use of a Dog in Judicial Proceedings

 

Description:

Authorizes any state court to permit the use of a trained and credentialed facility dog in a judicial proceeding to facilitate the testimony of a vulnerable witness. (HB1668 CD1)

 

 

 

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