A3729

An Act permitting the use of assistance dogs by certain victims or witnesses when giving testimony on certain offenses and supplementing Title 2A of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. In prosecutions involving a victim or witness who is a minor under the age of 18, or who is physically, developmentally, or psychologically impaired, or who is a victim or witness of an aggravated sexual assault, sexual assault, aggravated criminal sexual contact, criminal sexual contact, human trafficking involving sexual activity, child abuse, an action alleging an abused or neglected child under P.L.1974, c.119 (C.9:6-8.21 et seq.), or an action alleging use of deadly force or serious bodily harm as defined in subsections b. and d. of N.J.S.2C:3-11, the court may, on motion by any party or the court, order the taking of testimony in open court by the victim or witness at the trial while accompanied by an assistance dog that has been trained and certified through a program administered by a nonprofit dog training organization registered with the State under the “Charitable Registration and Investigation Act,” P.L.1994, c.16 (C.45:17A-18 et seq.), if the court determines that there is a substantial likelihood that the victim or witness will, due to serious emotional or mental distress, be unable to effectively communicate at the trial without the presence of the assistance dog.

An assistance dog, as referenced in this section, is also commonly referred to as a “facility dog” or “support dog,” and therefore references to either term, from whatever source, shall be deemed to mean an assistance dog for purposes of this section, unless a different meaning is expressly indicated by that other source.

b. (1) This section shall not be construed to prevent a motion for the taking of testimony by a victim or witness at trial through the use of closed circuit television out of view of the jury, defendant, or spectators pursuant to section 1 of P.L.1985, c.126 (C.2A:84A-32.4), in those prosecutions for which the taking of testimony on closed circuit television is permitted, as an alternative to the taking of testimony in open court while accompanied by an assistance dog pursuant to this section.

(2) Additionally, this section shall not be construed to modify the court’s necessary finding, under section 1 of P.L.1985, c.126 (C.2A:84A-32.4), that there is a substantial likelihood the victim or witness would suffer severe emotional or mental distress if required to testify in open court in order to permit the taking of testimony by closed circuit television. Any finding of severe distress under that section represents a higher standard of distress than the serious distress standard set forth in subsection a. of this section that is required to be found by the court in order to permit the taking of testimony while accompanied by an assistance dog.

2. This act shall take effect on the first day of the third month next following enactment, and apply to any criminal trial for which the first day of open court proceedings occurs on or after that effective date.

STATEMENT

This bill would permit, as approved by a court, the use of assistance dogs (also commonly referred to as “facility dogs” or “support dogs”) to help facilitate the taking of testimony in open court in criminal prosecutions: (1) involving a victim or witness who is a minor under the age of 18; (2) involving a victim or witness who is physically, developmentally, or psychologically impaired; or (3) involving a victim or witness of a sex crime or violent crime, including an aggravated sexual assault, sexual assault, aggravated criminal sexual contact, criminal sexual contact, human trafficking involving sexual activity, child abuse, an action alleging an abused or neglected child under P.L.1974, c.119 (C.9:6-8.21 et seq.), or an action alleging use of deadly force or serious bodily harm as defined in subsections b. and d. of N.J.S.2C:3-11.

The court could, on motion by any party or the court, order the taking of testimony in open court by a victim or witness while accompanied by an assistance dog if the court determines that there is a substantial likelihood that the victim or witness would, due to serious emotional or mental distress, be unable to effectively communicate at the trial without the presence of the assistance dog. The assistance dog used in court would have to be trained and certified through a program administered by a nonprofit dog training organization registered with the State under the “Charitable Registration and Investigation Act,” P.L.1994, c.16 (C.45:17A-18 et seq.).

As provided in the bill, the provisions could not be construed to prevent a motion for the taking of testimony by a victim or witness at trial through the use of closed circuit television out of view of the jury, defendant, or spectators pursuant to section 1 of P.L.1985, c.126 (C.2A:84A-32.4), in those prosecutions for which the taking of testimony on closed circuit television is permitted, as an alternative to the taking of testimony in open court while accompanied by an assistance dog. Additionally, the provisions could not be construed to modify the court’s necessary finding, under that section, for permitting testimony via closed circuit television because there is a substantial likelihood the victim or witness would suffer severe emotional or mental distress if required to testify in open court; this represents a higher standard of distress than the serious emotional or mental distress standard set forth in the bill that the court must instead find in order to permit the taking of testimony while accompanied by an assistance dog.