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.
<ins>(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."
</ins> SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.