Maryland House Bill HB940

Maryland 2023 Regular Session

• Introduced: 2/10/23
• Refer: 2/10/23

Caption

Criminal Procedure - Evidence - Admissibility of Creative Expression

Impact

If enacted, HB940 would reinforce protections for individuals against the misuse of creative works in legal proceedings. This change is particularly significant for artists, writers, and individuals who express themselves through various forms of creativity. The law's implications could lead to a broader understanding of artistic expression in the legal system, ensuring that the uniqueness of creative works is preserved and not exploited within the judicial process. It aims to balance the need for evidence in court against the rights of individuals to express themselves creatively without fear of it being misconstrued as incriminating evidence.

Summary

House Bill 940 focuses on the admissibility of creative expression in criminal and juvenile proceedings in Maryland. The bill stipulates that the creative works of a defendant or juvenile respondent cannot be used against them in court unless certain stringent conditions are met. Such conditions include proving through clear and convincing evidence that the creative expression was intended to be literal and directly related to the facts of the case, among others. This legislative measure seeks to protect individuals' creative outputs from being misinterpreted or unfairly used in legal contexts.

Contention

Discussions around HB940 may involve debates about the boundaries of creative expression and its potential overlap with criminal intent. Critics may argue about the practicality of distinguishing between literal and figurative expressions in a courtroom setting, as well as the challenges in establishing the intent behind a work of creativity. Proponents, however, emphasize the importance of safeguarding individual rights and promoting a fair trial process by preventing the prejudicial use of artistic expressions in legal adjudications.