South Dakota Codified Laws 23A-24-10. Certified therapeutic dogs–Definitions
In any criminal proceeding, upon motion of any party as provided in § 23A-24-11, the court may enter any order necessary to allow a child witness or a witness having a developmental disability to be accompanied by a certified therapeutic dog during the witness’ testimony in the manner provided in § 23A-24-12.
Terms used in §§ 23A-24-10 to 23A-24-12, inclusive, mean:
Terms Used In South Dakota Codified Laws 23A-24-10
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(1) “Certified therapeutic dog,” a dog that has received the requisite training or certification and is registered with Therapy Dogs Incorporated, Therapy Dogs International, Assistance Dogs International, 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;
(2) “Certified handler,” a person who has received training and is registered with Therapy Dogs Incorporated, Therapy Dogs International, Assistance Dogs International, or an equivalent organization for offering the person’s animal for assistance purposes and has received additional training on the protocols and policies of courts, the expected roles of the person’s animal assistance team, and the expected interaction so as not to interfere with the collection of evidence or the effective administration of justice;
(3) “Child witness,” a person who has been or will be called to testify in a criminal proceeding and is under the age of eighteen; and
(4) “Developmental disability,” the meaning provided in § 27B-1-18 .
Source: SL 2020, ch 102, § 1.