---
title: HB 237. Evidence; admissibility of creative or artistic expression evidence at trial; provide
collection: bills
id: 2025-2026/hb237
cite_as: HB 237, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb237
md_url: https://georgiacommons.org/bills/2025-2026/hb237.md
text_url: https://georgiacommons.org/bills/2025-2026/hb237/text
source_url: https://www.legis.ga.gov/legislation/69842
date: 2026-03-03
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.
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omitted: votes and history
omitted_chars: 319
omitted_url: https://georgiacommons.org/bills/2025-2026/hb237.md?full=1
bill_number: HB 237
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2025-02-04
last_action: House Committee Favorably Reported By Substitute
sponsors:
- Kasey Carpenter
- Trey Kelley
- Eric Bell
- Tyler Smith
- Spencer Frye
text_version: Comm Sub
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB237/2025
upstream_id: 1955717
summaries_model: claude-sonnet-5
topic_tags:
- criminal trials
- evidence law
- rap lyrics as evidence
- free expression
- court procedure
---
# HB 237. Evidence; admissibility of creative or artistic expression evidence at trial; provide
## Text
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 to
relevant evidence and its limits, so as to provide for the admissibility of creative or artistic
expression evidence at trial; to provide for a definition; to provide for the presumption of
inadmissibility; to provide for related matters; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to relevant evidence
and its limits, is amended by adding a new Code section to read as follows:
"24-4-420.
(a) As used in this Code section, 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. Such term shall include music, dance,
performance art, visual art, poetry, literature, film, and other such activities or media, but
shall not include hand signs used to indicate membership in a criminal street gang, as
defined in Code Section 16-15-3, and tattoos.
(b) Evidence of a defendant's creative or artistic expression, whether original or derivative,
shall not be admitted into evidence against such defendant in a criminal proceeding unless
such evidence is determined by the court to be relevant and admissible after an offer of
proof by the proponent of the evidence outside the hearing of a jury, or such hearing as the
court may require, and a statement by the court regarding the findings of fact essential to
its determination of admissibility is made part of the record. To overcome the presumption
of inadmissibility of evidence of the defendant's creative or artistic expression, the
proponent of the evidence shall affirmatively prove by a preponderance of evidence that:
(1) The defendant adopted the literal meaning of the work as the defendant's own thought
or statement;
(2) There is a specific fact pattern indicating that the creative or artistic expression refers
to specific facts of the crime alleged; and
(3) There exists relevance to an issue of fact that is disputed.
(c) Where the court admits creative or artistic expression as criminal evidence, the court
shall apply careful redactions, provide proper instructions, and consider the least prejudicial
means of presenting the creative or artistic expression.
(d) Evidence admitted pursuant to this Code section is still subject to other rules of
evidence under the Official Code of Georgia Annotated."
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 House bill would make it harder for prosecutors to use a defendant's song lyrics, poetry, or other artistic work as evidence at trial, requiring judges to presume such evidence is inadmissible unless prosecutors meet specific proof requirements.
### Plain-language summary
Currently, Georgia courts can allow creative works like rap lyrics, poems, or artwork to be used as evidence against a criminal defendant without any special screening process. This bill adds a new section to Georgia's evidence code creating a presumption that such evidence is inadmissible.
Under the bill, a prosecutor who wants to use a defendant's creative or artistic expression as evidence must first make an offer of proof outside the jury's presence, and the judge must issue findings of fact. The prosecutor must then prove by a preponderance of the evidence that the defendant adopted the work's literal meaning as their own statement, that the work refers to specific facts of the alleged crime, and that it is relevant to a disputed factual issue. If a judge does admit the evidence, the court must apply redactions, give jury instructions, and use the least prejudicial method of presenting it. The definition of creative expression excludes gang hand signs and tattoos.
### What it does
- Creates a new Georgia Code section (24-4-420) making a defendant's creative or artistic expression presumptively inadmissible as evidence in criminal trials.
- Defines 'creative or artistic expression' to include music, dance, performance art, visual art, poetry, literature, and film, but excludes gang hand signs and tattoos.
- Requires prosecutors to prove three specific things by a preponderance of the evidence before such evidence can be admitted, including that the defendant adopted the work's literal meaning as their own statement.
- Requires judges to hold a hearing outside the jury's presence and record findings of fact before ruling on admissibility.
- Requires courts that admit such evidence to apply redactions, give jury instructions, and choose the least prejudicial way to present it.
- Repeals any conflicting Georgia laws.
### Who it affects
Criminal defendants whose creative works, such as song lyrics or poetry, might otherwise be used against them; prosecutors, who must meet a higher evidentiary bar to introduce such material; and judges, who must hold additional hearings and make specific findings before allowing this evidence at trial.
### Why it matters
If enacted, prosecutors would face a tougher legal standard before introducing a defendant's song lyrics, poetry, or other artwork as evidence of guilt, potentially limiting a tactic that has drawn scrutiny in cases involving rap music. Judges would need to hold extra hearings, and defendants would gain a procedural safeguard against having their creative work used against them at trial.
### Key provisions
- Section 1 adds new Code Section 24-4-420 to Chapter 4 of Title 24, Georgia's evidence law.
- Subsection (a) defines 'creative or artistic expression' broadly but excludes gang hand signs (as defined in O.C.G.A. ยง 16-15-3) and tattoos.
- Subsection (b) establishes a presumption that such evidence is inadmissible unless the prosecutor proves relevance and meets a three-part test through an offer of proof outside the jury's hearing.
- Subsection (c) requires courts admitting such evidence to apply redactions, give proper jury instructions, and use the least prejudicial presentation method.
- Subsection (d) clarifies that admitted evidence remains subject to Georgia's other evidence rules.
- Section 2 repeals conflicting laws.
## Status
- Status: Introduced (2025-02-04)
- Last action: House Committee Favorably Reported By Substitute (2026-03-03)
- Sponsors: Kasey Carpenter, Trey Kelley, Eric Bell, Tyler Smith, Spencer Frye
- Official page: https://www.legis.ga.gov/legislation/69842
> The history, votes, and amendments (319 characters) are at https://georgiacommons.org/bills/2025-2026/hb237.md?full=1