Bill > HB1309

This bill amends the Georgia Code to provide that "creative or artistic expression evidence" (such as music, dance, literature, film, etc.) is generally inadmissible as evidence against a defendant in a criminal proceeding, unless the court determines that the evidence is relevant and admissible after a hearing and makes specific factual findings. The bill creates a presumption of inadmissibility for this type of evidence, which can only be overcome by the proponent showing clear and convincing evidence that the defendant intended to adopt the literal meaning of the work, that there is a strong factual nexus to the alleged crime, that the evidence is relevant to a disputed issue, and that it has distinct probative value. If the court does admit such evidence, it must apply careful redactions and consider the least prejudicial means of presenting it.