[Congressional Record Volume 165, Number 206 (Thursday, December 19, 2019)]
[Senate]
[Page S7220]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1274. Mr. McCONNELL (for Mr. Cornyn) proposed an amendment to the
bill S. 1029, to allow the use of certified facility dogs in criminal
proceedings in Federal courts, and for other purposes; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Courthouse Dogs Act''.
SEC. 2. USE OF CERTIFIED FACILITY DOG FOR TESTIMONY IN
CRIMINAL PROCEEDINGS.
(a) In General.--Chapter 223 of title 18, United States
Code, is amended by inserting after section 3502 the
following:
``Sec. 3503. Use of certified facility dog for testimony in
criminal proceedings
``(a) Defined Term.--In this section, the term `certified
facility dog' means a dog that has graduated from an
assistance dog organization that is a member of an
internationally recognized assistance dog association that
has a primary purpose of granting accreditation based on
standards of excellence in areas of--
``(1) assistance dog acquisition;
``(2) dog training;
``(3) dog handler training; and
``(4) dog placement.
``(b) Requests for Use of Certified Facility Dogs.--Either
party in a criminal proceeding in a Federal court may apply
for an order from the court to allow a certified facility
dog, if available, to be present with a witness testifying
before the court through--
``(1) in-person testimony; or
``(2) testimony televised by 2-way, closed-circuit
television.
``(c) Conditions for Approval.--A Federal court may enter
an order authorizing an available certified facility dog to
accompany a witness while testifying at a hearing in
accordance with subsection (b) if the court finds that--
``(1) the dog to be used qualifies as a certified facility
dog;
``(2) the use of a certified facility dog will aid the
witness in providing testimony; and
``(3) upon a showing by the party seeking an order under
subsection (b), the certified facility dog is insured for
liability protection.
``(d) Handlers.--Each certified facility dog authorized to
accompany a witness under subsection (c) shall be accompanied
by a handler who is--
``(1) trained to manage the certified facility dog by an
assistance dog organization described in subsection (a); and
``(2) a professional working in the legal system with
knowledge about the legal and criminal justice processes.
``(e) Deadline.--The party seeking an order under
subsection (b) shall apply for such order not later than 14
days before the preliminary hearing, trial date, or other
hearing to which the order is to apply.
``(f) Other Orders.--A Federal court may make such orders
as may be necessary to preserve the fairness of the
proceeding, including imposing restrictions on, and
instructing the jury regarding, the presence of the certified
facility dog during the proceedings.
``(g) Savings Provision.--Nothing in this section may be
construed to prevent a Federal court from providing any other
accommodations to a witness in accordance with applicable
law.''.
(b) Clerical Amendment.--The chapter analysis for chapter
223 of title 18, United States Code, is amended by inserting
after the item relating to section 3502 the following:
``3503. Use of certified facility dog for testimony in criminal
proceedings.''.
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