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HB 1346

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

2025 Regular Session Introduced by Gabriel Acevero and 27 co-sponsors

HB 1346 restricts using creative works as criminal evidence unless prosecutors prove direct relevance, preventing artistic content from being used to imply guilt or prejudice juries.

Hearing 3/11 at 1:00 p.m.
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Bill Summary · HB 1346

Legislative bill overview

HB 1346, the Protecting the Admissibility of Creative Expression (PACE) Act, would restrict the admissibility of an individual's creative works (such as music, art, writing, or performance) as evidence in criminal proceedings unless the prosecution demonstrates clear and direct relevance to the case. The bill aims to prevent creative expression from being used to establish guilt or prejudice a jury based on artistic content alone.

Why is this important

Creative expression has increasingly been introduced in criminal trials—particularly in cases involving rappers and hip-hop artists—where lyrics or artwork are used to imply criminal intent or propensity for violence. This bill addresses concerns that such evidence unfairly prejudices juries based on artistic or fictional content rather than actual evidence of a crime. The outcome could significantly affect how prosecutors build cases and what judges permit in courtrooms.

Potential points of contention

  • Prosecutorial concerns: Law enforcement and prosecutors may argue that creative works sometimes contain confessional or documentary elements reflecting real crimes, and blanket restrictions could prevent admission of relevant evidence
  • Artistic stereotyping vs. probative value: Defining what constitutes "clear and direct relevance" could be contentious—determining whether a song lyric is artistic fiction or factual confession is inherently subjective
  • Judicial discretion: The bill may create inconsistency if judges interpret "relevance" differently across cases, potentially leading to appeals and legal uncertainty

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

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