19-3023. CHILD SUMMONED AS WITNESS. (1) When a child is summoned as a witness in any hearing in any criminal matter, including any preliminary hearing, notwithstanding any other statutory provision, parents, a counselor, friend or other person having a supportive relationship with the child, or a facility dog, shall be allowed to remain in the courtroom at the witness stand with the child during the child’s testimony unless in written findings made and entered, the court finds that the defendant’s constitutional right to a fair trial will be unduly prejudiced.
(2) When a child is summoned as a witness in any hearing in a noncriminal matter that involves the abuse, neglect or abandonment of the child, including any preliminary hearing, notwithstanding any other statutory provision, a facility dog shall be allowed to remain in the courtroom at the witness stand with the child during the child’s testimony.
(3) For purposes of this section, "facility dog" means a dog that is a graduate of an assistance dog organization that is a member of assistance dogs international or a similar 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.
History:
[19-3023, added 1983, ch. 206, sec. 1, p. 560; am. 1989, ch. 48, sec. 1, p. 60; am. 2017, ch. 176, sec. 1, p. 407.]
Structure Idaho Code
Chapter 30 - WITNESSES IN CRIMINAL PROCEEDINGS
Section 19-3001 - RULES FOR DETERMINING COMPETENCY.
Section 19-3002 - HUSBAND AND WIFE AS WITNESSES.
Section 19-3003 - DEFENDANT NOT OBLIGED TO TESTIFY.
Section 19-3004 - COMPELLING ATTENDANCE OF WITNESS — SUBPOENA AND HOW ISSUED.
Section 19-3004A - ADMINISTRATIVE SUBPOENA — ELECTRONIC COMMUNICATION AND REMOTE COMPUTING SERVICES.
Section 19-3005 - UNIFORM ACT TO SECURE ATTENDANCE OF WITNESSES.
Section 19-3006 - FORM OF SUBPOENA.
Section 19-3007 - SERVICE OF SUBPOENA.
Section 19-3007A - SERVICE OF SUBPOENA BY MAIL OR MESSENGER.
Section 19-3008 - FEES AND MILEAGE OF WITNESSES.
Section 19-3010 - DISOBEDIENCE TO SUBPOENA.
Section 19-3011 - FORFEITURE OF UNDERTAKING OF WITNESS.
Section 19-3012 - PRODUCTION OF IMPRISONED WITNESS — PROCEDURE.
Section 19-3013 - DEFINITIONS.
Section 19-3014 - SUMMONING WITNESS IN THIS STATE TO TESTIFY IN ANOTHER STATE.
Section 19-3015 - COURT ORDER.
Section 19-3016 - TERMS AND CONDITIONS.
Section 19-3018 - PRISONER FROM ANOTHER STATE SUMMONED TO TESTIFY IN THIS STATE.
Section 19-3020 - EXEMPTION FROM ARREST AND SERVICE OF PROCESS.
Section 19-3021 - UNIFORMITY OF INTERPRETATION.
Section 19-3022 - SHORT TITLE.
Section 19-3023 - CHILD SUMMONED AS WITNESS.
Section 19-3024 - STATEMENTS BY CHILD.
Section 19-3025 - WITNESS PSYCHIATRIC, PSYCHOLOGICAL EXAMINATION.