Establishes provisions relating to the admissibility of evidence of a defendant's creative or artistic expression
HB 1040, the "Artistic Protection Act of 2025," generally prohibits using a defendant's creative or artistic expression (like music, poetry, visual art, or film) as evidence in criminal cases. It only allows such evidence if prosecutors prove four specific conditions: the defendant intended a literal meaning (not metaphor), the expression directly relates to the specific crime facts, it addresses a disputed issue, and it has unique value not shown by other evidence. If admitted, courts must redact irrelevant parts and give the jury clear instructions about its limited use. This law directly affects criminal defendants whose artistic work could be used against them, aiming to protect creative expression from being misinterpreted in court.
Bill status
in committee
1 of 4 stages cleared
Introduction
Jan 2025
Committee Review
Floor Vote
Governor
Introduced Jan 23, 2025
Last action Apr 1, 2025
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
7
Key actions
2
Committee
3
Apr 1, 2025
Lower · Passed
HCS Reported Do Pass (H) - AYES: 11 NOES: 1 PRESENT: 0
lower
Mar 31, 2025
Lower · Passed
HCS Voted Do Pass (H)
lower
Mar 6, 2025
Committee
Referred: Emerging Issues(H)
lower
Jan 23, 2025
Introduced
Introduced and Read First Time (H)
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Michael Johnson
DDemocratic
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