Bill > HB1346

This bill, known as the Protecting the Admissibility of Creative Expression (PACE) Act, establishes new rules for how creative expression can be used as evidence in criminal and juvenile legal proceedings. The bill defines "creative expression" broadly to include various art forms like music, dance, visual art, poetry, literature, and film, and creates a high legal standard for when such creative works can be admitted as evidence against a defendant. Specifically, a court can only admit creative expression as evidence if it can prove by clear and convincing evidence that: the defendant intended the work to be literal rather than fictional, the expression directly refers to the specific facts of the alleged offense, is relevant to a disputed fact, and has probative value that cannot be obtained through other evidence. The bill also includes a provision allowing creative expression to be used in juvenile cases for evaluating mental health services or diversion programs. This legislation aims to protect artists and performers from having their creative works used against them in legal proceedings by requiring a stringent review process before such works can be considered as evidence, recognizing that artistic expression is often metaphorical, imaginative, and not meant to be interpreted literally.

Justice

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/HB1346?ys=2025RS