89R16034 MEW-D     By: Flores H.B. No. 4563       A BILL TO BE ENTITLED   AN ACT   relating to allowing a therapy or facility dog to accompany a child   or a person with a disability during testimony in certain criminal   cases.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 38, Code of Criminal Procedure, is   amended by adding Article 38.077 to read as follows:          Art. 38.077.  TESTIMONY OF CHILD OR PERSON WITH DISABILITY;   AUTHORIZING THERAPY OR FACILITY DOGS FOR CERTAIN CRIMINAL   PROCEEDINGS. (a) In this article:                (1)  "Assistance dog organization" means an   organization that is an accredited member of Assistance Dogs   International or a similar nonprofit organization that grants   accreditation to an organization based on the organization's   adherence to standards of excellence in assistance dog acquisition,   training, and placement.                (2)  "Child" means a person younger than 18 years of   age.                (3)  "Facility dog" means a dog that has:                      (A)  successfully completed a training program   that is provided by an assistance dog organization on providing   emotional comfort in a high-stress environment for the purpose of   enhancing a witness's ability to speak during a judicial hearing or   proceeding and reducing the witness's stress level; and                      (B)  passed the Assistance Dogs International   Public Access Certification Test, or a test having standards   substantially similar to the standards of the Assistance Dogs   International Public Access Certification Test in effect on   September 1, 2025.                (4)  "Handler" means a person who has:                      (A)  successfully completed training on offering   an animal for assistance purposes that is provided by an assistance   dog organization or Alliance of Therapy Dogs or a similar nonprofit   organization; and                      (B)  received additional training regarding   policies and protocols of the court and the responsibilities of a   courtroom dog handler.                (5)  "Person with a disability" means a person with one   or more documented physical or mental impairments, or who is   regarded as having one or more physical or mental impairments, that   substantially limit the person's ability to perform major life   activities.                (6)  "Therapy dog" means a dog that has:                      (A)  successfully completed training,   certification, or evaluation on providing emotional support   therapy in public settings, including hospitals, nursing homes, and   schools, that is provided by the American Kennel Club, Alliance of   Therapy Dogs, or a similar nonprofit organization; and                      (B)  been performing duties related to providing   emotional support therapy for not less than one year.          (b)  This article applies to the testimony of a witness who   is:                (1)  a person with a disability in any hearing or   proceeding in the prosecution of an offense; or                (2)  a child in any hearing or proceeding in the   prosecution of an offense under any of the following provisions:                      (A)  Chapter 481, Health and Safety Code (Texas   Controlled Substances Act), if:                            (i)  the offense was committed under Section   481.122 (Offense: Delivery of Controlled Substance or Marihuana to   Child); or                            (ii)  the penalty for the offense may be   increased under Section 481.1122 (Manufacture of Substance in   Penalty Group 1: Presence of Child) or 481.140 (Use of Child in   Commission of Offense);                      (B)  Title 5, Penal Code (Offenses Against the   Person);                      (C)  Section 25.02, Penal Code (Prohibited Sexual   Conduct);                      (D)  Section 25.11, Penal Code (Continuous   Violence Against the Family);                      (E)  Section 28.02, Penal Code (Arson);                      (F)  Chapter 29, Penal Code (Robbery);                      (G)  Section 30.02, Penal Code (Burglary), if the   offense is punishable under Subsection (d) of that section;                      (H)  Section 31.03, Penal Code (Theft), if the   offense is punishable under Subsection (e)(4)(C) of that section;                      (I)  Section 36.06, Penal Code (Obstruction or   Retaliation);                      (J)  Section 43.05, Penal Code (Compelling   Prostitution);                      (K)  Section 43.25, Penal Code (Sexual   Performance by a Child); or                      (L)  Section 15.01 (Criminal Attempt) or 15.02   (Criminal Conspiracy), Penal Code, if the actor intended to commit   an offense described by Paragraph (A), (B), (C), (D), (E), (F), (G),   (H), (I), (J), or (K).          (c)  On the motion of any party, or a parent, managing   conservator, guardian, guardian ad litem of a child or a person with   a disability, or special advocate for a child, the court may allow a   witness who is a child or a person with a disability to have a   therapy or facility dog accompany the witness during that witness's   testimony if:                (1)  a therapy or facility dog is available to the party   within the judicial district in which the court is located; and                (2)  the court finds by a preponderance of the evidence   that:                      (A)  the therapy or facility dog and the dog's   handler are suitably qualified and will reasonably assist the   witness; and                      (B)  granting the motion is not likely to:                            (i)  prejudice the trier of fact in   evaluating the witness' testimony; or                            (ii)  cause undue disruption to the hearing   or proceeding.          (d)  A motion under Subsection (c) must include:                (1)  information regarding:                      (A)  the training or credentials of the therapy or   facility dog; and                      (B)  the name and training of the dog's handler;   and                (2)  evidence that the presence of the therapy or   facility dog may reduce the anxiety of or otherwise be helpful to   the witness.          (e)  The court shall take appropriate measures to ensure the   presence of a therapy or facility dog is as unobtrusive and   nondisruptive as possible, including requiring the dog's handler to   accompany the dog in the courtroom at all times.          (f)  If a therapy or facility dog is used during a jury trial,   on request of any party, the court shall provide appropriate   instruction to the jury regarding the presence of the dog and the   dog's handler to prevent prejudice for or against any party.          (g)  This article does not prevent the court from removing or   excluding a therapy or facility dog from the courtroom to maintain   order or ensure the fair presentation of evidence.          SECTION 2.  The change in law made by this Act applies to a   criminal proceeding that commences on or after the effective date   of this Act. A criminal proceeding that commences before the   effective date of this Act is governed by the law in effect when the   proceeding commenced, and the former law is continued in effect for   that purpose.          SECTION 3.  This Act takes effect September 1, 2025.