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MD SB1001

MD SB1001
Criminal Procedure - Evidence - Protecting the Admissibility of Creative Expression (PACE Act)


summary

Introduced
02/10/2025
In Committee
02/21/2025
Crossed Over
Passed
Dead
04/08/2025

Introduced Session

2025 Regular Session

Bill Summary

Establishing that the creative expression of a criminal defendant or juvenile respondent is not admissible against the defendant or respondent unless the court makes certain findings; establishing that the creative expression of a defendant or respondent is admissible in juvenile proceedings for certain purposes; and defining "creative expression" to mean the expression or application of creativity or imagination in the production or arrangement of forms, sounds, words, movements, or symbols.

AI Summary

This bill, known as the PACE (Protecting the Admissibility of Creative Expression) Act, aims to limit the use of a defendant's creative works as evidence in criminal and juvenile proceedings. The bill defines "creative expression" broadly to include music, dance, performance art, visual art, poetry, literature, and film - essentially any artistic output involving creativity or imagination. Under this legislation, such creative works would be inadmissible in court unless a judge finds, through clear and convincing evidence, that four specific conditions are met: first, the defendant intended the work to be literal rather than figurative; second, the creative expression directly refers to the specific facts of the alleged offense; third, the expression is relevant to a disputed factual issue; and fourth, the expression provides probative value that cannot be obtained through other admissible evidence. Notably, the bill includes a provision allowing creative expression to be used in juvenile cases for evaluating mental health services or recommending diversion programs. The legislation is set to take effect on October 1, 2025, and represents an important protection for artists and performers who might otherwise have their creative works used against them in legal proceedings.

Committee Categories

Justice

Sponsors (1)

Last Action

Senate Judicial Proceedings Hearing (13:00:00 3/11/2025 ) (on 03/11/2025)

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