HB 214: Evidence; creative and artistic expression evidence is inadmissible at trial; provide

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.

• 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.

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.

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.

• 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.

1. 2025-02-04House Second Readers (Cámara de Representantes)
2. 2025-02-03House First Readers (Cámara de Representantes)
3. 2025-01-30House Hopper (Cámara de Representantes)

• Eric Bell (D, HD-075)Patrocinador principal
• Kasey Carpenter (R, HD-004)
• Inga Willis (D, HD-055)
• Jasmine Clark (D, HD-108)
• Yasmin Neal (D, HD-079)

• criminal trials
• evidence law
• rap lyrics as evidence
• free expression
• criminal justice