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NY S00464
Bill
Status
3/3/2025
Primary Sponsor
Brad Hoylman-Sigal
Click for details
AI Summary
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Creates a presumption that a defendant's creative expression (music, dance, visual art, poetry, literature, film, etc.) is inadmissible as evidence in criminal proceedings
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Requires prosecutors to prove admissibility by clear and convincing evidence through an offer of proof outside the jury's presence, with the court issuing on-the-record findings
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Mandates the proffering party demonstrate four criteria: literal (not figurative) meaning, strong factual nexus to the specific crime alleged, relevance to a disputed fact, and distinct probative value not available from other evidence
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Obligates courts admitting creative expression evidence to apply careful redactions, provide limiting jury instructions, and use the least prejudicial presentation method
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Defines "creative expression" broadly to include music, dance, performance art, visual art, poetry, literature, film, and similar media involving imagination or creativity
Legislative Description
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.
Last Action
ordered to third reading cal.24
3/3/2025