Establishes provisions relating to facility dogs. (BDR 4-489)
Summary
AB302 establishes a new statutory framework in Nevada for the use of facility dogs in certain court proceedings. The bill authorizes a court to allow a minor or vulnerable person to use a facility dog for support while testifying in a criminal proceeding involving a violent or sexual offense, or in a proceeding relating to abuse or neglect. To obtain approval, a party must file a motion showing the dog and handler are properly qualified and certified, that the dog is insured, and that the dog’s presence is reasonably likely to help the witness testify without causing undue prejudice or disrupting the proceeding.
The bill also requires courts to take steps to minimize any impact on the fairness of the trial, including keeping the dog out of the jury’s view where practicable, allowing voir dire on potential juror bias, and giving cautionary instructions if requested. It defines key terms such as “facility dog,” “vulnerable person,” “criminal proceeding,” and “proceeding relating to abuse or neglect,” and it allows the court to remove the dog if necessary to maintain order or fairness.
Impact
AB302 amends Chapter 50 of the Nevada Revised Statutes by adding new provisions governing courtroom accommodations for witnesses who are minors or vulnerable persons. It creates a formal process for requesting facility-dog support, sets certification and insurance requirements, and gives courts discretion to approve or deny use based on fairness and necessity. The bill also requires counties and municipalities to allow approved facility dogs into courthouses and certain other government buildings used to prepare witnesses, while granting local governments immunity from liability for injuries or losses caused by the dog’s presence or conduct on their property.
Sentiment
The available voting history suggests strong support for the bill: it passed the Assembly on final passage by a unanimous 42-0 vote. No committee transcript was provided, so there is no recorded debate to indicate organized opposition or significant controversy in the materials supplied. Overall, the bill appears to have been viewed favorably as a witness-support measure intended to improve testimony from vulnerable individuals while preserving courtroom fairness.
Contention
The main points of potential contention are procedural and fairness-related rather than ideological. The bill addresses concerns that a facility dog could influence jurors or prejudice a defendant by requiring the court to make specific findings, allowing voir dire on possible sympathy or bias, and authorizing cautionary instructions. Another possible issue is the mandate that counties and municipalities admit facility dogs into certain public buildings, balanced by an express right to exclude the dog and handler if their conduct warrants it and by broad governmental immunity from liability.