Bill

Bill > S09632


NY S09632

NY S09632
Establishes an assumption of the inadmissibility of evidence of a defendant's creative or artistic expression against such defendant in a criminal proceeding; requires the proffering party to affirmatively prove that the evidence is admissible by clear and convincing evidence.


summary

Introduced
03/31/2026
In Committee
05/18/2026
Crossed Over
05/18/2026
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

AN ACT to amend the criminal procedure law, in relation to rules of evidence concerning the admissibility of evidence of a defendant's creative expression

AI Summary

This bill establishes a new rule in criminal proceedings that generally presumes evidence of a defendant's creative or artistic expression, such as music, poetry, or film, is inadmissible against them. To overcome this presumption, the party seeking to introduce such evidence must prove by clear and convincing evidence that it has a literal meaning, a strong factual connection to the specific crime alleged, is relevant to a disputed fact, and has unique value not available through other evidence. The bill also defines "creative expression" broadly to include various forms of artistic output and requires courts to take steps to minimize prejudice if such evidence is admitted, like redacting parts of it or providing limiting instructions to the jury.

Committee Categories

Housing and Urban Affairs

Sponsors (1)

Last Action

referred to codes (on 05/18/2026)

bill text


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