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MD HB687

MD HB687
Criminal Procedure - Evidence - Protecting Artists' Creative Expression (PACE Act)


summary

Introduced
02/02/2026
In Committee
02/02/2026
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

Providing 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, subject to a certain exception; and providing that the Act does not preclude the admission of creative expression in juvenile cases for the purposes of evaluating, recommending, or ordering referral to mental health services or diversion programs.

AI Summary

This bill, known as the PACE Act, establishes new rules for using a criminal defendant's or juvenile respondent's "creative expression" as evidence in court. Creative expression is broadly defined to include works eligible for federal copyright protection, such as music, dance, visual art, poetry, literature, and film. Generally, this creative expression cannot be used against the defendant or respondent unless the court first determines, by a preponderance of the evidence (meaning it's more likely than not), that the expression was intended to be literal rather than figurative or fictional, that it directly relates to the specific facts of the alleged offense, and that it is relevant to a disputed factual issue in the case. However, there's an important exception for juvenile cases: creative expression can still be admitted if it's used to evaluate, recommend, or order mental health services or diversion programs, which are alternative paths to traditional sentencing.

Committee Categories

Justice

Sponsors (24)

Last Action

House Judiciary Hearing (13:00:00 2/17/2026 ) (on 02/17/2026)

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