Bill > A00127

This bill establishes an assumption of the inadmissibility of evidence of a defendant's creative or artistic expression against such defendant in a criminal proceeding. It requires the proffering party to affirmatively prove by clear and convincing evidence that the evidence is relevant, has a strong factual nexus to the alleged crime, is necessary to dispute a fact, and has distinct probative value not provided by other admissible evidence. The bill also requires the court to apply careful redactions, provide limiting instructions, and consider the least prejudicial means of presenting the creative expression to the fact-finder if the evidence is admitted. Additionally, the bill defines "creative expression" to include various forms of artistic and creative expression.