HB214: HB214 Evidence; creative and artistic expression evidence is inadmissible at trial; provide

Georgia law (O.C.G.A. § 24-9-923) currently allows photographs, video recordings, and audio recordings to be used as evidence in certain situations, such as when a witness who could authenticate them is unavailable. This bill changes that law to add a specific carve-out for creative or artistic expression. The bill defines 'creative or artistic expression' broadly to include music, dance, performance art, visual art, poetry, literature, film, and other similar media that involve creativity or imagination in producing or arranging forms, sounds, words, movements, or symbols. Once something is classified as creative or artistic expression, the bill says it cannot be admitted as evidence at trial, closing off a path some courts have used to let prosecutors introduce a defendant's song lyrics or other artistic work as proof of guilt or intent.

• Amends Georgia's rules on photograph, video, and audio evidence (O.C.G.A. § 24-9-923) to add a new rule for creative or artistic works.
• Defines 'creative or artistic expression' to cover music, dance, performance art, visual art, poetry, literature, film, and similar media.
• Bars any evidence found to be creative or artistic expression from being admitted at trial, regardless of the exception for unavailable witnesses.
• Repeals any existing Georgia laws that conflict with this new rule.

Criminal defendants and civil litigants whose creative work, such as song lyrics, poetry, films, or artwork, might otherwise be used as trial evidence; prosecutors and civil attorneys who rely on such material; and judges who rule on the admissibility of evidence under this Georgia statute.

If enacted, prosecutors would no longer be able to introduce a defendant's song lyrics, poems, artwork, or similar creative work as evidence at trial, a tactic that has drawn attention nationally, particularly in cases involving rap lyrics. This could change what juries in Georgia courtrooms are allowed to see or hear.

• Section 1 revises subsection (b) of O.C.G.A. § 24-9-923, which governs when photographs, video, and audio recordings can be admitted at trial when a witness is unavailable.
• Section 1 adds a new definition of 'creative or artistic expression,' covering music, dance, performance art, visual art, poetry, literature, film, and similar media.
• Section 1 states that evidence classified as creative or artistic expression 'shall not be admissible,' overriding the general rule that otherwise allows such recordings when a witness cannot authenticate them.
• Section 2 repeals any conflicting Georgia laws, a standard clause with no substantive effect beyond this bill's own changes.

1. 2025-02-04House Second Readers (House)
2. 2025-02-03House First Readers (House)
3. 2025-01-30House Hopper (House)

• Eric Bell (D, HD-075)Primary sponsor
• Kasey Carpenter (R, HD-004)
• Inga Willis (D, HD-055)
• Jasmine Clark (D, HD-108)
• Yasmin Neal (D, HD-079)

• criminal evidence law
• song lyrics as evidence
• artistic expression
• courtroom procedure
• Georgia trial rules