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Bill

SB 1001

Criminal Procedure - Evidence - Protecting the Admissibility of Creative Expression (PACE Act)

2025 Regular Session Introduced by Johnny Mautz

SB 1001 restricts prosecutors' use of creative works (lyrics, art, writing) as criminal evidence without heightened scrutiny, protecting artistic expression from prejudicial courtroom use.

Hearing 3/11 at 1:00 p.m.
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Bill Summary · SB 1001

Legislative bill overview

SB 1001, the Protecting the Admissibility of Creative Expression (PACE) Act, would restrict the use of an individual's creative works—such as music, art, writing, or performance—as evidence in criminal proceedings. The bill aims to prevent prosecutors from using artistic expression as proof of guilt or criminal intent, establishing that creative works alone cannot establish a predisposition to commit crimes.

Why is this important

This addresses a real tension in criminal justice: prosecutors increasingly use rap lyrics, social media posts, and other creative content to establish motive or character in trials, often disproportionately affecting artists from marginalized communities. The bill would require courts to apply heightened scrutiny when creative expression is introduced as evidence, potentially protecting First Amendment rights while also raising questions about when relevant circumstantial evidence should be excluded.

Potential points of contention

  • Probative value vs. unfair prejudice: Prosecutors may argue that some creative content is directly relevant to motive or planning (e.g., lyrics describing specific criminal acts), while supporters worry courts will still allow prejudicial use despite protections
  • Definitional scope: What constitutes "creative expression" needing protection—does it include only traditional art or also social media confessions or detailed criminal descriptions?
  • Evidentiary impact on prosecutions: Law enforcement and prosecutors may contend the bill makes convictions harder to secure, particularly in cases where creative works are significant evidence of premeditation

Compiled from official sources — confirm details with the bill’s official record.

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