AN ACT to amend Tennessee Code Annotated, Title 24; Title 36; Title 37 and Title 40, relative to certified facility dogs.
Summary
HB0762 authorizes Tennessee courts to allow a certified facility dog to accompany a victim or other witness while testifying or otherwise participating in court proceedings. The stated purpose is to reduce stress for the witness and help the court obtain full and accurate testimony. The bill defines what qualifies as a certified facility dog and a certified handler, including training, health certification, and liability insurance requirements.
The bill also sets courtroom procedures for using the dog in cases with a jury. If the dog accompanies a witness on the stand, the handler must escort the dog in and out outside the jury’s presence, remain visible in the courtroom, and the judge must instruct the jury not to draw any prejudicial inference from the dog’s presence. The court must also take steps to minimize the jury’s awareness of the dog, the dog must wear visible identifying markings while working, and the party seeking to use the dog must file a motion so the court can review the dog’s and handler’s credentials.
Impact
The bill amends Tennessee Code Annotated Title 24 by adding a new section governing certified facility dogs in legal proceedings, and it references related titles involving family, juvenile, and criminal matters. It creates a formal legal framework for courtroom use of these dogs, including eligibility standards, motion practice, judicial discretion, and jury instructions. The measure affects courts, witnesses, victims, assistance dog organizations, and handlers by establishing when and how a facility dog may be used in testimony.
Sentiment
The bill appears to have received strong, bipartisan support and moved through the House without recorded opposition. It was recommended for passage in subcommittee and committee and then passed on the House floor by consent calendar with a 93-0 vote. The available record suggests broad agreement that the measure serves a supportive, trauma-informed courtroom function.
Contention
There is little evidence of substantive opposition in the available record, but the bill’s safeguards reflect likely concerns about fairness and courtroom influence. The main issues addressed are preventing prejudice to parties, preserving the integrity of testimony, and ensuring the dog and handler are properly trained and credentialed. The requirement for judicial approval, jury instructions, and limits on the dog’s visibility indicate an effort to balance witness support with due process concerns.
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