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

25 LC 48 1568S The House Committee on Judiciary, Non-Civil offers the following substitute to HB 237: A BILL TO BE ENTITLED AN ACT To amend Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to1 relevant evidence and its limits, so as to provide for the admissibility of creative or artistic2 expression evidence at trial; to provide for a definition; to p rovide for the presumption of3 inadmissibility; to provide for related matters; to repeal conf licting laws; and for other4 purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to relevant evidence8 and its limits, is amended by adding a new Code section to read as follows:9 "24-4-420.10 (a) As used in this Code section, the term 'creative or artist ic expression' means the11 expression or application of creativity or imagination in the production or arrangement of12 forms, sounds, words, movements, or symbols. Such term shall i nclude music, dance,13 performance art, visual art, poetry, literature, film, and other such activities or media, but14 shall not include hand signs used to indicate membership in a c riminal street gang, as15 defined in Code Section 16-15-3, and tattoos.16 H. B. 237 (SUB) - 1 - 25 LC 48 1568S (b) Evidence of a defendant's creative or artistic expression, whether original or derivative,17 shall not be admitted into evidence against such defendant in a criminal proceeding unless18 such evidence is determined by the court to be relevant and adm issible after an offer of19 proof by the proponent of the evidence outside the hearing of a jury, or such hearing as the20 court may require, and a statement by the court regarding the findings of fact essential to21 its determination of admissibility is made part of the record. To overcome the presumption22 of inadmissibility of evidence of the defendant's creative or a rtistic expression, the23 proponent of the evidence shall affirmatively prove by a preponderance of evidence that:24 (1) The defendant adopted the literal meaning of the work as the defendant's own thought25 or statement;26 (2) There is a specific fact pattern indicating that the creative or artistic expression refers27 to specific facts of the crime alleged; and28 (3) There exists relevance to an issue of fact that is disputed.29 (c) Where the court admits creative or artistic expression as criminal evidence, the court30 shall apply careful redactions, provide proper instructions, and consider the least prejudicial31 means of presenting the creative or artistic expression.32 (d) Evidence admitted pursuan t to this Code section is still s ubject to other rules of33 evidence under the Official Code of Georgia Annotated."34 SECTION 2.35 All laws and parts of laws in conflict with this Act are repealed.36 H. B. 237 (SUB) - 2 -