Bucy Bill Limits Using Defendants’ Songs And Poems As Evidence

The text as introduced · 386 words

90R2593 AJZ-D

By: Bucy
H.B. No. 459

A BILL TO BE ENTITLED

AN ACT

relating to the admissibility of a defendant's work of creative

expression in a criminal trial.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 38, Code of Criminal Procedure, is

amended by adding Article 38.52 to read as follows:

Art. 38.52. ADMISSIBILITY OF DEFENDANT'S WORK OF CREATIVE

EXPRESSION. (a) In this article, "work of creative expression"

means an expression or application of creativity or imagination in

the production or arrangement of forms, sounds, words, movements,

or symbols that is eligible for federal copyright protection under

17 U.S.C. Section 102. The term includes music, dance, performance

art, visual art, poetry, literature, and film.

(b) A defendant's work of creative expression is not

admissible against the defendant in a criminal trial, whether

offered in the guilt or innocence phase or the punishment phase of

the trial, unless:

(1) the attorney representing the state notifies the

defendant of the state's intention to offer the work of creative

expression as evidence in the trial; and

(2) in a hearing conducted outside the presence of the

jury, the judge finds by a preponderance of the evidence that:

(A) the substance of the defendant's work of

creative expression:

(i) was intended literally rather than

figuratively or fictionally or, if the work is derivative, was

intended as the defendant's own creative expression based on the

literal part of the work;

(ii) was created near in time to or closely

matches the facts of the alleged offense; and

(iii) relates to a disputed factual issue

about the alleged offense or includes factual detail not otherwise

publicly available; and

(B) the probative value of the defendant's work

of creative expression substantially outweighs the danger of unfair

prejudice.

SECTION 2. The change in law made by this Act applies to the

admissibility of a work of creative expression in a criminal

proceeding that commences on or after the effective date of this

Act. The admissibility of a work of creative expression in a

criminal proceeding that commences before the effective date of

this Act is governed by the law in effect on the date the proceeding

commenced, and the former law is continued in effect for that

purpose.

SECTION 3. This Act takes effect September 1, 2027.