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Bill > HB1389


MO HB1389

Establishes provisions relating to the admissibility of evidence of a defendant's creative or artistic expression


summary

Introduced
02/19/2025
In Committee
04/10/2025
Crossed Over
Passed
Dead
05/16/2025

Introduced Session

2025 Regular Session

Bill Summary

Establishes provisions relating to the admissibility of evidence of a defendant's creative or artistic expression

AI Summary

This bill establishes the "Restoring Artistic Protection Act of 2025", which creates new legal protections for defendants' creative and artistic expressions in criminal cases. The bill defines creative or artistic expression broadly, including music, dance, poetry, literature, film, and other creative media. Generally, the bill prohibits using a defendant's artistic or creative works as evidence against them in a criminal proceeding. However, a court may admit such evidence in a closed hearing (in camera) if the prosecution can prove four specific criteria: (1) the defendant intended a literal meaning rather than a figurative or fictional meaning, (2) the expression directly references the specific facts of the alleged crime, (3) the expression is relevant to a disputed factual issue, and (4) the expression provides unique probative value not available through other evidence. If such evidence is admitted, the court must carefully redact the expression to limit what the jury sees and provide clear instructions about how to interpret the evidence. The bill aims to protect artistic freedom and prevent creative works from being misconstrued or unfairly used as evidence of criminal intent.

Committee Categories

Government Affairs

Sponsors (1)

Last Action

Rules - Legislative Executive Session (09:45:00 5/16/2025 House Hearing Room 1) (on 05/16/2025)

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