Relates to providing witnesses with facility dogs

14 Co-sponsors

• Tony Avella
• Greg Ball
• David Carlucci
• Brad Hoylman-Sigal
• Timothy M. Kennedy
• Liz Krueger
• Jack M. Martins
• Ted O'Brien
• Kevin S. Parker
• John L. Sampson
• Diane J. Savino
• Daniel L. Squadron
• Toby Ann Stavisky
• Cecilia Tkaczyk

BILL NUMBER:S4865A

Title of bill

An act to amend the criminal procedure law, in relation to providing witnesses with facility dogs

Purpose

To facilitate the truth finding process through fair and accurate testimony by providing a judge with the discretion to allow vulnerable witnesses the ability to testify in the presence of a facility dog.

Summary of provisions

Section 1 entitles the bill "Rosie's Law."

Section 2 sets forth the legislative intent.

Section 3 adds a new article sixty-seven to the criminal procedure law. Section 67.00 defines facility dog and "vulnerable witness" for the purpose of this new Article. Section 67.10 sets forth the procedure for use by a judge to allow at their discretion to permit a vulnerable witness to have a facility dog present while testifying.

Section 4 provides that this act shall take effect immediately.

Justification

The purpose of a trial is to get to the truth of a matter. However, participating in courtroom or other legal proceedings (e.g., depositions, forensic interviews) is arguably one of the most emotionally trying events that most people experience. The stress is compounded for certain individuals. The presence of a well-trained dog can significantly reduce the anxiety associated with these experiences thereby improving the efficiency and quality of a person's communications. The use of dogs in the courtroom has expanded rapidly in the United States and is now spreading worldwide, as a mechanism for calming and supporting individuals involved in courtroom proceedings. The scientific evidence for the physical and mental calming effects of appropriately bred and trained dogs is now overwhelming, and includes both physical and psychological effects across short and long time frames. For instance, there is strong evidence of short-term physical effects: petting an animal produces short-term decreases in blood pressure and/or heart rate In fact, these effects may be seen even in individuals simply in the presence of a dog Of less relevance to this discussion are the many studies illustrating pronounced long-term positive effects on physical health as well. There are also well-documented short-term (and long-term) effects on psychological health, including positive effects on social communication and ability to make social contacts, reduction in feelings of loneliness and isolation, and improvements in depression and self-esteem. The use of facility dogs can help bring about an important change in how we meet the emotional needs of all involved in the criminal justice system. Courthouse dogs have already been successfully utilized in courtroom in Dutchess County, New York and in the states of Arizona, Hawaii, Idaho, Indiana, and Washington. This law is named for Rosie who was the first Assistance Dog allowed by a New York State court to accompany a witness into the witness box during testimony. During the testimony, Rosie lied motionless on the floor of the witness stand, using only her snout to press into the teen's lower leg to bring calm when needed. Rosie enabled the child

victim to testify in court against the man who had repeatedly abused her. Rosie, a beautiful Golden Retriever, who became known worldwide as "Rosie the Courthouse Dog" passed away on November 12, 2012 at the age of 13. This law will honor Rosie and ensure that more courthouses are opened to facility dogs such as Rosie to allow for a more efficient, effective and compassionate justice system.

Legislative history

This is a new bill.

Fiscal implications

None.

Effective date

This bill will take effect immediately.