--- title: HB 214. Evidence; creative and artistic expression evidence is inadmissible at trial; provide collection: bills id: 2025-2026/hb214 cite_as: HB 214, 2025-2026 Regular Session (Ga.) canonical_url: https://georgiacommons.org/bills/2025-2026/hb214 md_url: https://georgiacommons.org/bills/2025-2026/hb214.md text_url: https://georgiacommons.org/bills/2025-2026/hb214/text source_url: https://www.legis.ga.gov/legislation/69729 date: 2025-02-04 status: introduced corpus_version: bills-2026-09-13 license: Public record of the Georgia General Assembly, via LegiScan; see about.md publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice. up: https://georgiacommons.org/bills/2025-2026.md previous: https://georgiacommons.org/bills/2025-2026/hb213.md next: https://georgiacommons.org/bills/2025-2026/hb215.md index: https://georgiacommons.org/bills/index.md omitted: votes and history omitted_chars: 129 omitted_url: https://georgiacommons.org/bills/2025-2026/hb214.md?full=1 bill_number: HB 214 session: 2025-2026 Regular Session session_slug: 2025-2026 chamber: House bill_type: bill status_date: 2025-01-30 last_action: House Second Readers sponsors: - Eric Bell - Kasey Carpenter - Inga Willis - Jasmine Clark - Yasmin Neal text_version: Introduced has_text: true legiscan_url: https://legiscan.com/GA/bill/HB214/2025 upstream_id: 1949635 summaries_model: claude-sonnet-5 topic_tags: - criminal trials - evidence law - rap lyrics as evidence - free expression - criminal justice --- # HB 214. Evidence; creative and artistic expression evidence is inadmissible at trial; provide ## Text 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 to admissibility of photographs, motion pictures, video recordings, and audio recordings when witness unavailable, so as to provide that creative and artistic expression evidence is inadmissible at trial; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 24-9-923 of the Official Code of Georgia Annotated, relating to admissibility of photographs, motion pictures, video recordings, and audio recordings when witness unavailable, is amended by revising subsection (b) as follows: "(b)(1) Subject to any other valid objection, photographs, motion pictures, video recordings, and audio recordings shall be admissible in evidence when necessitated by the unavailability of a witness who can provide personal authentication and when the court determines, based on competent evidence presented to the court, that such items tend to show reliably the fact or facts for which the items are offered. (2) As used in this paragraph, the term 'creative or artistic expression' means the expression or application of creativity or imagination in the production or arrangement of forms, sounds, words, movements, or symbols, including music, dance, performance art, visual art, poetry, literature, film, and other such objects or media. Evidence deemed to be creative or artistic expression shall not be admissible." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. ## Summaries written by Georgia Commons The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary. A Georgia House bill would bar prosecutors from using a person's creative or artistic work, such as song lyrics, poetry, or film, as evidence against them at trial. ### Plain-language summary Georgia law currently allows photographs, videos, and audio recordings into evidence at trial in certain situations, especially when the person who could authenticate them is unavailable to testify. This bill adds a new rule to that same section of law (O.C.G.A. § 24-9-923) saying that evidence which counts as "creative or artistic expression" cannot be admitted at trial at all. The bill defines creative or artistic expression broadly to include music, dance, performance art, visual art, poetry, literature, film, and similar work involving forms, sounds, words, movements, or symbols. This addresses concerns raised in cases where prosecutors have used a defendant's rap lyrics, poems, or other artistic material as evidence of intent or character. The bill does not set an effective date beyond the standard process, and it repeals any conflicting laws. ### What it does - Adds a new rule to Georgia's evidence code (O.C.G.A. § 24-9-923) making creative or artistic expression inadmissible as evidence at trial. - Defines 'creative or artistic expression' to cover music, dance, performance art, visual art, poetry, literature, film, and similar creative work. - Applies the ban specifically within the section of law governing photographs, videos, and audio recordings offered when a witness is unavailable. - Repeals any other Georgia laws that conflict with this new rule. ### Who it affects Criminal defendants whose song lyrics, poems, artwork, film, or other creative work might otherwise be used against them in court; prosecutors and defense attorneys who rely on such evidence; and judges who rule on what evidence is admissible at trial. ### Why it matters If enacted, prosecutors would no longer be able to introduce a defendant's rap lyrics, poetry, artwork, or other creative output as trial evidence, which has been a contested practice in some Georgia criminal cases. This could change how certain criminal trials are argued and what evidence juries see. ### Key provisions - Section 1 revises subsection (b) of O.C.G.A. § 24-9-923, the law governing admissibility of photos, videos, and audio recordings when a witness is unavailable. - The new paragraph (2) defines 'creative or artistic expression' to include music, dance, performance art, visual art, poetry, literature, film, and similar forms. - The new paragraph states that evidence deemed creative or artistic expression 'shall not be admissible' at trial. - Section 2 repeals any existing Georgia laws that conflict with this new rule. ## Status - Status: Introduced (2025-01-30) - Last action: House Second Readers (2025-02-04) - Sponsors: Eric Bell, Kasey Carpenter, Inga Willis, Jasmine Clark, Yasmin Neal - Official page: https://www.legis.ga.gov/legislation/69729 > The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb214.md?full=1