25 LC 62 0002
House Bill 214
By: Representatives Bell of the 75
th
, Carpenter of the 4
th
, Willis of the 55
th
, Clark of the 108
th
,
and Neal of the 79
th
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 24-9-923 of the Official Code of Georgia Annotated, relating to
1
admissibility of photographs, motion pictures, video recordings, and audio recordings when2
witness unavailable, so as to provide that creative and artistic expression evidence is3
inadmissible at trial; to provide for a definition; to provide for related matters; to repeal4
conflicting laws; and for other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Code Section 24-9-923 of the Official Code of Georgia Annotated, relating to admissibility8
of photographs, motion pictures, video recordings, and audio recordings when witness9
unavailable, is amended by revising subsection (b) as follows:10
"(b)(1)
Subject to any other valid objection, photographs, motion pictures, video11
recordings, and audio recordings shall be admissible in evidence when necessitated by12
the unavailability of a witness who can provide personal authentication and when the13
court determines, based on competent evidence presented to the court, that such items14
tend to show reliably the fact or facts for which the items are offered.15
H. B. 214
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(2) As used in this paragraph, the term 'creative or artistic expression' means the16
expression or application of creativity or imagination in the production or arrangement17
of forms, sounds, words, movements, or symbols, including music, dance, performance18
art, visual art, poetry, literature, film, and other such objects or media. Evidence deemed19
to be creative or artistic expression shall not be admissible."20
SECTION 2.21
All laws and parts of laws in conflict with this Act are repealed.22
H. B. 214
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