Criminal Procedure - Evidence - Protecting Artists' Creative Expression (PACE Act)
In the Senate - Rereferred to Judicial Proceedings
Summary
The bill makes creative works—such as songs, paintings, poems, films, and other copyrighted expressions—generally inadmissible against a criminal defendant or juvenile respondent. A court may allow such evidence only if it determines, by a preponderance of the evidence, that the work was meant to be taken literally, refers to the specific facts of the offense, and is relevant to a disputed factual issue. The rule does not stop the use of a juvenile’s creative expression for mental‑health assessments or diversion referrals.
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