Bill > SB475

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 as any original work eligible for federal copyright protection, including music, dance, visual art, poetry, literature, and film, which involves the application of creativity or imagination. Under this bill, such creative works cannot be used against a 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, or that the defendant intended to adopt its literal meaning if it was derivative. Additionally, the court must find that the creative expression directly relates to the specific facts of the alleged offense and is relevant to a disputed factual issue in the case. However, this restriction does not apply in juvenile cases if the creative expression is being used solely to assess, recommend, or order mental health services or diversion programs.

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https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/SB0475?ys=2026RS