Loading chat...
GA HB1309
Bill
Status
Introduced
2/16/2024
Primary Sponsor
Jasmine Clark
Click for details
AI Summary
- Establishes a presumption of inadmissibility for a defendant's creative or artistic expression — including music, dance, visual art, poetry, literature, film, and performance art — as evidence in criminal proceedings in Georgia
- Requires the proponent of such evidence to overcome the presumption by proving four criteria by clear and convincing evidence: the defendant intended to adopt the work's literal meaning as their own statement, a strong factual nexus to the specific crime alleged exists, relevance to a disputed issue of fact, and distinct probative value beyond other admissible evidence
- Mandates that admissibility determinations be made by the court after an offer of proof outside the hearing of the jury, with the court's findings of fact placed on the record
- Requires courts that do admit creative or artistic expression evidence to apply careful redactions, provide proper jury instructions, and use the least prejudicial means of presentation
- Amends Code Section 24-9-923 of the Official Code of Georgia Annotated, which governs admissibility of photographs, motion pictures, video recordings, and audio recordings
Legislative Description
Evidence; creative or artistic expression evidence is inadmissible at trial; provide
Last Action
House Second Readers
2/21/2024
Committee Referrals
Judiciary - Non-Civil2/20/2024
Full Bill Text
No bill text available