HB237: HB237 Evidence; admissibility of creative or artistic expression evidence at trial; provide

Currently Georgia law does not specifically address whether a defendant's creative or artistic work, such as rap lyrics, poetry, or visual art, can be used against them in a criminal trial. This bill adds a new section to Georgia's evidence code (O.C.G.A. Chapter 4 of Title 24) that presumes such creative work is not admissible as evidence against a defendant. Prosecutors who want to use a defendant's creative or artistic expression would first have to make an offer of proof outside the jury's presence, and the judge would have to find specific facts supporting admissibility. To overcome the presumption against admissibility, prosecutors would have to prove by a preponderance of the evidence that the defendant meant the work literally as their own statement, that it matches specific facts of the alleged crime, and that it is relevant to a disputed fact. If admitted, courts must use careful redactions and jury instructions to limit unfair prejudice. The definition of creative or artistic expression excludes gang hand signs and tattoos.

• Creates a new Georgia evidence law (O.C.G.A. § 24-4-420) presuming a defendant's creative or artistic expression is not admissible against them in a criminal trial.
• Defines 'creative or artistic expression' broadly to include music, dance, performance art, visual art, poetry, literature, and film, but excludes gang hand signs and tattoos.
• Requires prosecutors to make an offer of proof outside the jury's hearing before a judge can allow such evidence, with the judge's factual findings entered into the record.
• Requires prosecutors to prove by a preponderance of the evidence that the defendant meant the work literally, that it matches specific facts of the crime, and that it is relevant to a disputed issue.
• Requires courts that admit this evidence to use careful redactions, give jury instructions, and choose the least prejudicial way to present it.
• Repeals any existing Georgia laws that conflict with this new rule.

Criminal defendants whose creative work, such as song lyrics, poetry, or visual art, might be used as evidence; prosecutors, who face a new burden before introducing such evidence; and judges in Georgia's criminal courts, who must hold hearings and make findings before allowing it.

If enacted, prosecutors would face a higher legal hurdle before using a defendant's song lyrics, poetry, or other artistic work at trial. This could limit certain evidence prosecutors have used in the past, particularly in cases involving rap lyrics, while defense attorneys gain a formal process to challenge that evidence before a jury hears it.

• Section 1 adds new Code Section 24-4-420 to Georgia's evidence law under Chapter 4 of Title 24.
• Subsection (a) defines 'creative or artistic expression' and specifically excludes gang hand signs (as defined in O.C.G.A. § 16-15-3) and tattoos from that definition.
• Subsection (b) establishes a presumption that such evidence is inadmissible against a defendant unless the prosecution proves three specific elements by a preponderance of the evidence.
• Subsection (c) requires courts that admit the evidence to apply redactions, give instructions, and use the least prejudicial method of presentation.
• Subsection (d) clarifies that even admitted creative or artistic expression evidence remains subject to Georgia's other evidence rules.
• Section 2 repeals any conflicting laws.

1. 2026-03-03House Committee Favorably Reported By Substitute (House)
2. 2025-04-04House Withdrawn, Recommitted (House)
3. 2025-03-04House Committee Favorably Reported By Substitute (House)
4. 2025-02-06House Second Readers (House)
5. 2025-02-05House First Readers (House)
6. 2025-02-04House Hopper (House)

• Kasey Carpenter (R, HD-004)Primary sponsor
• Trey Kelley (R, HD-016)
• Eric Bell (D, HD-075)
• Tyler Smith (R, HD-018)
• Spencer Frye (D, HD-122)

• criminal trials
• evidence law
• free expression
• rap lyrics in court
• criminal defense