Witnesses - As enacted, establishes procedures for the use of certified facility dogs during witness testimony and other court proceedings; establishes standards for certified facility dogs. - Amends TCA Title 24; Title , the official text

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                             PUBLIC CHAPTER NO. 167

                                                     SENATE BILL NO. 391

                                                             By Hatcher

                                             Substituted for: House Bill No. 762

                                                             By Littleton

AN ACT to amend Tennessee Code Annotated, Title 24; Title 36; Title 37 and Title 40, relative to
          certified facility dogs.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Title 24, Chapter 7, is amended by adding the
following as a new section:

          24-7-126.

                    (a) As used in this section:

                              (1) "Assistance dog organization" means a nonprofit organization that sets
                    standards of training for the health, welfare, task work, and oversight of assistance
                    dogs and assistance dog handlers;

                              (2) "Certified facility dog" means a trained working dog that has:

                                        (A) Documentation showing that the certified facility dog is a graduate
                              of an assistance dog organization;

                                        (B) At least two (2) years of training and passed the service dog public
                              access test;

                                        (C) A current annual certificate of health from a veterinarian licensed in
                              this state; and

                                        (D) Proof of liability insurance in the minimum amount of five hundred
                              thousand dollars ($500,000); and

                              (3) "Certified handler" means a person who has received training from an
                    assistance dog organization and has received training on the protocols and policies of
                    legal proceedings and the role of the certified facility dog and certified handler to ensure
                    that there is no interference with the collection of evidence, presentation of testimony,
                    or administration of justice.

                    (b) The court may allow a certified facility dog to accompany a victim or other witness
          while testifying or in other court proceedings for the purpose of reducing the stress of the
          witness and to enhance the ability of the court to obtain full and accurate testimony.

                    (c) If a court allows the use of a certified facility dog to accompany a witness on the
          witness stand during a court proceeding in which a jury has been empaneled, then:

                              (1) The certified facility dog must be accompanied by a certified handler to and
                    from the witness stand outside the presence of the jury and the certified handler must
                    maintain a position in the courtroom within view of the witness stand during the
                    witness's testimony; and
SB 391
                              (2) The court shall inform the jury of the presence of the certified facility dog

                    and instruct the jury that the presence of the certified facility dog shall not be
                    construed to prejudice any party.
                    (d) During trial proceedings, the court must take all necessary precautions to obscure
          the presence of the certified facility dog from the jury as much as possible.
                    (e) A certified facility dog must wear visible markings identifying the dog as a certified
          facility dog while working.
                    (f) Prior to the use of a certified facility dog in a court proceeding, the party seeking to
          use the certified facility dog must file a motion with the court requesting approval of the use
          of the certified facility dog. The court may examine and confirm the credentials of the certified
          facility dog and the certified handler.
          SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.

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         SENATE BILL NO. 391

PASSED:  March 31, 2025

                             SPEAKERO  McNALLY

                                       ESENATE

                         c.~
                         CAMERONSEXTON,SPEAKER

                         HOUSE OF REPRESENTATIVES

,t\pti \ Jlfl APPROVED this
         day of                        2025

         - •~ ,~~

          BILL LEE, GOVERNOR