HB 237: Evidence; admissibility of creative or artistic expression evidence at trial; provide

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.

• 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.

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.

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.

• 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. § 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.

1. 2026-03-03House Committee Favorably Reported By Substitute (Cámara de Representantes)
2. 2025-04-04House Withdrawn, Recommitted (Cámara de Representantes)
3. 2025-03-04House Committee Favorably Reported By Substitute (Cámara de Representantes)
4. 2025-02-06House Second Readers (Cámara de Representantes)
5. 2025-02-05House First Readers (Cámara de Representantes)
6. 2025-02-04House Hopper (Cámara de Representantes)

• Kasey Carpenter (R, HD-004)Patrocinador principal
• Trey Kelley (R, HD-016)
• Eric Bell (D, HD-075)
• Tyler Smith (R, HD-018)
• Spencer Frye (D, HD-122)

• criminal trials
• evidence law
• rap lyrics as evidence
• free expression
• court procedure