COURTROOM SUPPORT DOG                                                                         H.B. 5645:

                                                                                                    SUMMARY OF BILL

                                                                                      REPORTED FROM COMMITTEE

House Bill 5645 (as reported without amendment)

Sponsor:  Representative Tom Barrett

House Committee:  Judiciary

Senate Committee:  Judiciary

CONTENT

The bill would amend the Revised Judicature Act to do the following:

-- Require a court to allow an individual who met certain criteria and who was called upon to testify, to have a courtroom support dog and handler sit with, or be in close proximity to, the witness during his or her testimony.

-- Require a notice of intent to use a courtroom support dog, as currently required for a support person, and specify that a notice of intent would be required only if the person or dog were to be used during trial.

-- Provide that an agency that supplied a courtroom support dog would convey all responsibility for the dog to the participating prosecutor's office or government entity in charge of the local courtroom support dog program while it was being used by that office or entity.

The Act allows special accommodations, such as using a support person, for a victim of certain crimes who is under 16 years of age, is 16 or older and has a developmental disability, or is a vulnerable adult. For an individual who is under 16 years old or an individual who is 16 or older with a developmental disability, special accommodations are allowed for crimes that involve child abuse, child sexually abusive activity or material, or criminal sexual conduct. For an individual who is a vulnerable adult (e.g., a person over 18 who, due to mental illness or developmental disability, lacks the skills to live independently), special accommodations are allowed for crimes involving home invasion, vulnerable adult abuse, or embezzlement, or an assaultive crime.

MCL 600.2163a                                                                Legislative Analyst:  Jeff Mann

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

Date Completed:  5-31-18                                               Fiscal Analyst:  Michael Siracuse

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.