§ 16-10-404 — Use of a court facility dog - definitions

Colorado § 16-10-404

• Jurisdiction: Colorado
• Title 16: Criminal
• Art.: Jury Trials

Text

(1) As used in this
section, unless the context otherwise requires:

(a) Court facility dog means a dog that is a graduate of an assistance dog
organization that is accredited by an internationally recognized organization whose
main purpose is to grant accreditation to assistance dog organizations based on
standards of excellence in all areas of assistance dog acquisition, training, and
placement. A court facility dog must be specially trained to provide support to
witnesses testifying in proceedings without causing a distraction.

(b) Criminal proceeding or criminal proceedings has the same meaning as
set forth in section 16-8.5-101 (8).

(c) Qualified individual with a disability has the same meaning as set forth
in the federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq.,
and its related amendments and implementing regulations.

(d) Service animal has the same meaning as set forth in the implementing
regulations of Title II and Title III of the federal Americans with Disabilities Act of
1990, 42 U.S.C. sec. 12101 et seq.

(2) (a) The court may, upon motion of a party or upon its own motion, order
that a witness's testimony be offered while a court facility dog is in the courtroom
during the testimony of the witness if:

(I) The testimony is taken during a criminal proceeding; and

(II) The judge determines by a preponderance of the evidence that:

(A) The presence of a court facility dog with the witness during the witness's
testimony would reduce the witness's anxiety and enhance the ability of the court
to receive full and accurate testimony;

(B) The arrangements for an available court facility dog during the witness's
testimony would not interfere with efficient criminal proceedings; and

(C) No prejudice would result to any party due to the presence of a court
facility dog with the witness.

(b) To obtain an order authorizing the use of a court facility dog during the
witness's testimony, the party must file a written motion with the court no less than
fourteen days prior to the criminal proceeding.

(3) Notwithstanding a judge's order granting that the witness's testimony
may be offered while a court facility dog is present pursuant to subsection (2)(a) of
this section, the judge has the authority to terminate the presence of a court facility
dog at any time prior to, or during, the witness's testimony.

(4) To ensure that the presence of a court facility dog does not influence the
jury or is not a reflection on the truthfulness of any testimony that is offered by a
witness, the court may instruct the jury, if a jury instruction is requested by a party
who objected to the presence of the court facility dog or upon agreement of the
parties, on the role of the court facility dog and that the court facility dog is a
trained animal.

(5) Nothing in this section precludes or interferes with the rights of a
qualified individual with a disability who is accompanied by a service animal
pursuant to state or federal law.

Legislative History

Source: L. 2019: Entire section added, (HB 19-1220), ch. 138, p. 1739, � 1, effective July 1. L. 2020: (1)(b) amended, (HB 20-1402), ch. 216, p. 1046, � 27, effective June 30.