CA AB2799

Requires courts in criminal proceedings to apply heightened scrutiny when creative expression is offered as evidence, balancing probative value against undue prejudice under a new framework in Evidence Code Section 352.2.

Establishes that creative expression has minimal probative value for literal truth unless it was created near the time of the alleged crime, bears substantial similarity to the crime, or contains factual details not publicly available.

Defines "undue prejudice" to include the risk that jurors will improperly treat creative expression as evidence of the defendant's propensity for violence or criminal character, or that the evidence will inject racial bias into proceedings.

Requires courts to consider credible testimony about the genre and cultural context of creative expression, relevant social science research showing racial bias from certain expression types, and evidence rebutting such research.

Mandates that admissibility of creative expression be determined in a hearing outside the jury's presence with the court stating its ruling and reasoning on the record.