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§ 2611.12. Support person or therapeutic dog

Oklahoma Statutes AnnotatedTitle 12. Civil ProcedureEffective: November 1, 2022

Oklahoma Statutes Annotated
Title 12. Civil Procedure (Refs & Annos)
Chapter 40. Evidence Code (Refs & Annos)
Article VI. Witnesses
Uniform Child Witness Testimony by Alternative Methods Act (Refs & Annos)
Effective: November 1, 2022
12 Okl.St.Ann. § 2611.12
§ 2611.12. Support person or therapeutic dog
Currentness
A. It is the intent of the Oklahoma Legislature in enacting this section to recognize the special circumstances and needs of a child witness during criminal court proceedings, and to protect the child witness from any unnecessary emotional discomfort or anguish.
B. In any criminal proceeding, a child witness shall have the right to be accompanied by a support person while giving testimony in the proceeding, but the support person shall not discuss the testimony of the child witness with any other witnesses or attempt to prompt or influence the testimony of the child witness.
C. The child witness shall be afforded the opportunity, if available, to have a certified therapeutic dog accompanied by the handler of the certified therapeutic dog in lieu of a support person.
D. As used in this section:
1. “Certified therapeutic dog” means a dog which has received the requisite training or certification from the American Kennel Club, Alliance of Therapy Dogs, or an equivalent organization to perform the duties associated with therapy dogs in places such as hospitals, nursing homes, and other facilities where the emotional benefits of therapy dogs are recognized. Prior to the use of a certified therapeutic dog the court shall conduct a hearing to verify:
a. the credentials of the certified therapeutic dog,
b. the certified therapeutic dog is appropriately insured, and
c. a relationship has been established between the child witness and the certified therapeutic dog in anticipation of testimony;
2. “Child witness” means a child as defined by Section 1-1-105 of Title 10A of the Oklahoma Statutes who has been or will be called to testify in a criminal proceeding; and
3. “Support person” means a parent, other relative or a next friend chosen by the witness to accompany the witness to criminal proceedings.

Credits

Laws 2014, c. 81, § 1, eff. Nov. 1, 2014; Laws 2022, c. 104, § 4, eff. Nov. 1, 2022.
12 Okl. St. Ann. § 2611.12, OK ST T. 12 § 2611.12
Current with emergency effective legislation through Chapter 295 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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