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

25 LC 62 0002 House Bill 214 By: Representatives Bell of the 75th, Carpenter of the 4th, Willis of the 55th, Clark of the 108th, and Neal of the 79th A BILL TO BE ENTITLED AN ACT To amend Code Section 24-9-923 of the Official Code of Georgia Annotated, relating to1 admissibility of photographs, motion pictures, video recordings, and audio recordings when2 witness unavailable, so as to provide that creative and artisti c expression evidence is3 inadmissible at trial; to provi de for a definition; to provide for related matters; to repeal4 conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Code Section 24-9-923 of the Official Code of Georgia Annotated, relating to admissibility8 of photographs, motion pictures, video recordings, and audio re cordings when witness9 unavailable, is amended by revising subsection (b) as follows:10 "(b)(1) Subject to any other valid objection, photographs, motion pic tures, video11 recordings, and audio recordings shall be admissible in evidence when necessitated by12 the unavailability of a witness who can provide personal authen tication and when the13 court determines, based on competent evidence presented to the court, that such items14 tend to show reliably the fact or facts for which the items are offered.15 H. B. 214 - 1 - 25 LC 62 0002 (2) As used in this paragraph, the term 'creative or artistic expression' means the16 expression or application of creativity or imagination in the production or arrangement17 of forms, sounds, words, movements, or symbols, including music, dance, performance18 art, visual art, poetry, literature, film, and other such objects or media. Evidence deemed19 to be creative or artistic expression shall not be admissible."20 SECTION 2.21 All laws and parts of laws in conflict with this Act are repealed.22 H. B. 214 - 2 -