EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1346*
HOUSE BILL 1346
E2 5lr1572
HB 1429/24 – JUD CF SB 1001
By: Delegates Amprey, Toles, Acevero, Boafo, Bouchat, Conaway, Crutchfield,
Davis, Embry, Fair, Harris, Ivey, R. Lewis, J. Long, Martinez, McCaskill,
Phillips, Roberson, Ruff, Ruth, Simmons, Simpson, Smith, Taylor,
Tomlinson, Turner, Wilkins, Williams, and Young
Introduced and read first time: February 7, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Criminal Procedure – Evidence – Protecting the Admissibility of Creative 2
Expression 3
(PACE Act) 4
FOR the purpose of providing that the creative expression of a criminal defendant or 5
juvenile respondent is not admissible against the defendant or respondent unless the 6
court makes certain findings, subject to a certain exception; and generally relating 7
to the admissibility of creative expression in criminal or juvenile proceedings. 8
BY adding to 9
Article – Courts and Judicial Proceedings 10
Section 10–926 11
Annotated Code of Maryland 12
(2020 Replacement Volume and 2024 Supplement) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Courts and Judicial Proceedings 16
10–926. 17
(A) (1) IN THIS SECTION , “CREATIVE EXPRESSION ” MEANS THE 18
EXPRESSION OR APPLIC ATION OF CREATIVITY OR IMAGINATION IN TH E 19
PRODUCTION OR ARRANG EMENT OF FORMS , SOUNDS, WORDS, MOVEMENTS , OR 20
SYMBOLS. 21
2 HOUSE BILL 1346
(2) “CREATIVE EXPRESSION ” INCLUDES: 1
(I) MUSIC; 2
(II) DANCE; 3
(III) PERFORMANCE ART; 4
(IV) VISUAL ART; 5
(V) POETRY; 6
(VI) LITERATURE; AND 7
(VII) FILM. 8
(B) IN ANY CRIMINAL PROCE EDING OR JUVENILE PR OCEEDING, THE 9
CREATIVE EXPRESSION OF A DEFENDANT OR RE SPONDENT IS NOT ADMISSIBLE 10
AGAINST THE DEFENDAN T OR RESPONDENT UNLE SS THE COURT FINDS , BY CLEAR 11
AND CONVINCING EV IDENCE, THAT: 12
(1) (I) THE DEFENDANT OR RESP ONDENT INTENDED THE 13
CREATIVE EXPRESSION TO BE LITERAL, RATHER THAN FIGURATI VE OR FICTIONAL ; 14
OR 15
(II) IF THE CREATIVE EXPRESSION IS DERIVATIVE, THE 16
DEFENDANT INTENDED T O ADOPT THE LITERAL MEANING OF THE CREATIVE 17
EXPRESSION AS THEIR OWN; 18
(2) THE CREATIVE EXPRESSION REFERS TO THE SPECIFIC FACT S OF 19
THE ALLEGED OFFENSE ; 20
(3) THE CREATIVE EXPRESSION IS RELEVANT TO A DISP UTED ISSUE 21
OF FACT; AND 22
(4) THE CREATIVE EXPRESSI ON HAS PROBATIVE VAL UE THAT 23
CANNOT BE PROVIDED B Y OTHER ADMISSIBLE E VIDENCE. 24
(C) NOTHING IN THIS SECTI ON PRECLUDES THE ADM ISSION OF CREATIVE 25
EXPRESSION IN JUVENI LE CASES FOR THE PUR POSES OF EVALUATING , 26
RECOMMENDING , OR ORDERING REFERRAL TO MENTAL HEALTH SER VICES OR 27
DIVERSION PROGRAMS . 28
HOUSE BILL 1346 3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2025. 2