II 

116TH CONGRESS 

1ST SESSION S. 1029 

To allow the use of certified facility dogs in criminal proceedings in Federal 

courts, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 4, 2019 

Mr. CORNYN (for himself and Mrs. FEINSTEIN) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

A BILL 

To allow the use of certified facility dogs in criminal 

proceedings in Federal courts, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Dogs as Witness 

5 Guardians Act’’ or the ‘‘DAWG Act’’. 

6 SEC. 2. USE OF CERTIFIED FACILITY DOG FOR TESTIMONY 

7 IN CRIMINAL PROCEEDINGS. 

8 (a) IN GENERAL.—Chapter 223 of title 18, United 

9 States Code, is amended by inserting after section 3502 

10 the following: 


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1 ‘‘§ 3503. Use of certified facility dog for testimony in 

2 criminal proceedings 

3 ‘‘(a) DEFINED TERM.—In this section, the term ‘cer4 tified facility dog’ means a dog that has graduated from 

5 an assistance dog organization that is a member of an 

6 internationally recognized assistance dog association that 

7 has a primary purpose of granting accreditation based on 

8 standards of excellence in areas of— 

9 ‘‘(1) assistance dog acquisition; 

10 ‘‘(2) dog training; 

11 ‘‘(3) dog handler training; and 

12 ‘‘(4) dog placement. 

13 ‘‘(b) REQUESTS FOR USE OF CERTIFIED FACILITY

14 DOGS.—Either party in a criminal proceeding in a Federal 

15 court may apply for an order from the court to allow a 

16 certified facility dog, if available, to be present with a wit17 ness testifying before the court through— 

18 ‘‘(1) in-person testimony; or 

19 ‘‘(2) testimony televised by 2-way, closed-circuit 

20 television. 

21 ‘‘(c) CONDITIONS FOR APPROVAL.—A Federal court 

22 may enter an order authorizing an available certified facil23 ity dog to accompany a witness while testifying at a hear24 ing in accordance with subsection (b) if the court finds 

25 that— 


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1 ‘‘(1) the dog to be used qualifies as a certified 

2 facility dog; 

3 ‘‘(2) the use of a certified facility dog will aid 

4 the witness in providing testimony; and 

5 ‘‘(3) upon a showing by the party seeking an 

6 order under subsection (b), the certified facility dog 

7 is insured for liability protection. 

8 ‘‘(d) HANDLERS.—Each certified facility dog author9 ized to accompany a witness under subsection (c) shall be 

10 accompanied by a handler who is— 

11 ‘‘(1) trained to manage the certified facility dog 

12 by an assistance dog organization described in sub13 section (a); and 

14 ‘‘(2) a professional working in the legal system 

15 with knowledge about the legal and criminal justice 

16 processes. 

17 ‘‘(e) DEADLINE.—The party seeking an order under 

18 subsection (b) shall apply for such order not later than 

19 14 days before the preliminary hearing, trial date, or other 

20 hearing to which the order is to apply. 

21 ‘‘(f) OTHER ORDERS.—A Federal court may make 

22 such orders as may be necessary to preserve the fairness 

23 of the proceeding, including imposing restrictions on, and 

24 instructing the jury regarding, the presence of the cer25 tified facility dog during the proceedings. 


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1 ‘‘(g) SAVINGS PROVISION.—Nothing in this section 

2 may be construed to prevent a Federal court from pro3 viding any other accommodations to a witness in accord4 ance with applicable law.’’. 

5 (b) CLERICAL AMENDMENT.—The chapter analysis 

6 for chapter 223 of title 18, United States Code, is amend7 ed by inserting after the item relating to section 3502 the 

8 following: 

‘‘3503. Use of certified facility dog for testimony in criminal proceedings.’’. 

Æ 


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