AB 411: Witness testimony: therapy and facility dogs.

Existing law authorizes a prosecuting witness in specified cases to have up to 2 persons of his or her own choosing for support at the preliminary hearing and at trial, or at a juvenile court proceeding, during the testimony of the prosecuting witness, as specified.

This bill would authorize these witnesses, as well as certain child witnesses, to be accompanied by a dog, trained in providing emotional support, while testifying. This bill would set minimum training requirements for these dogs and their handlers and would require a party requesting the use of such a dog to file a motion with the court, specifying the qualifications of and need for the dog. This bill would authorize the court to allow the witness to be accompanied by the dog if certain conditions are met, but would require the court to remove or exclude the dog if the court finds the use of the dog would cause undue prejudice to the defendant or would be unduly disruptive to the court proceeding. The bill would require the court to take appropriate measures to minimize the distraction created by the presence of the dog in the courtroom, including requiring the dog to be accompanied by a handler at all times. The bill would require the court, if the therapy or facility dog is used during a criminal jury trial, to issue, upon request, an appropriate jury instruction designed to prevent prejudice for or against any party.