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| 2 | 2 | | FIRST REGULAR SESSION |
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| 3 | 3 | | SENATE BILL NO. 648 |
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| 4 | 4 | | 103RD GENERAL ASSEMBLY |
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| 5 | 5 | | INTRODUCED BY SENATOR TRENT. |
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| 6 | 6 | | 2465S.01I KRISTINA MARTIN, Secretary |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | To amend chapter 490, RSMo, by adding thereto one new section relating to the admissibility of |
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| 9 | 9 | | evidence of a defendant's creative or artistic expression. |
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| 10 | 10 | | |
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| 11 | 11 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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| 12 | 12 | | Section A. Chapter 490, RSMo, is amended by adding thereto 1 |
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| 13 | 13 | | one new section, to be known as section 490.750, to read as 2 |
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| 14 | 14 | | follows:3 |
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| 15 | 15 | | 490.750. 1. This section shall be known and may be 1 |
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| 16 | 16 | | cited as the "Restoring Artistic Protection Act". 2 |
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| 17 | 17 | | 2. As used in this sectio n, the term "creative or 3 |
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| 18 | 18 | | artistic expression" means the expression or application of 4 |
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| 19 | 19 | | creativity or imagination in the production or arrangement 5 |
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| 20 | 20 | | of forms, sounds, words, movements, or symbols, including 6 |
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| 21 | 21 | | music, dance, performance art, visual art, poetry, 7 |
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| 22 | 22 | | literature, film, and other such objects or media. 8 |
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| 23 | 23 | | 3. Except as provided in subsection 4 of this section, 9 |
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| 24 | 24 | | evidence of a defendant's creative or artistic expression, 10 |
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| 25 | 25 | | whether original or derivative, is not admissible against 11 |
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| 26 | 26 | | such defendant in a cr iminal case. 12 |
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| 27 | 27 | | 4. A court may admit evidence of a defendant's 13 |
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| 28 | 28 | | creative or artistic expression, whether original or 14 |
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| 29 | 29 | | derivative, if the state proves by clear and convincing 15 |
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| 30 | 30 | | evidence in a hearing conducted in camera: 16 SB 648 2 |
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| 31 | 31 | | (1) (a) If the expression is original, that the 17 |
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| 32 | 32 | | defendant intended a literal meaning rather than a 18 |
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| 33 | 33 | | figurative or fictional meaning; or 19 |
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| 34 | 34 | | (b) If the expression is derivative, that the 20 |
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| 35 | 35 | | defendant intended to adopt the literal meaning of the 21 |
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| 36 | 36 | | expression as the defendant's own thou ght or statement; 22 |
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| 37 | 37 | | (2) That the creative expression refers to the 23 |
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| 38 | 38 | | specific facts of the crime alleged; 24 |
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| 39 | 39 | | (3) That the expression is relevant to an issue of 25 |
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| 40 | 40 | | fact that is disputed; and 26 |
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| 41 | 41 | | (4) That the expression has distinct probative value 27 |
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| 42 | 42 | | not provided by other admissible evidence. 28 |
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| 43 | 43 | | 5. In any hearing under subsection 4 of this section, 29 |
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| 44 | 44 | | the court shall make its ruling on the record and shall 30 |
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| 45 | 45 | | include its findings of fact essential to its ruling. 31 |
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| 46 | 46 | | 6. If the court admits any evidence o f a defendant's 32 |
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| 47 | 47 | | creative or artistic expression, whether original or 33 |
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| 48 | 48 | | derivative, under the exception provided in subsection 4 of 34 |
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| 49 | 49 | | this section, the court shall: 35 |
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| 50 | 50 | | (1) Ensure that the creative or artistic expression is 36 |
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| 51 | 51 | | redacted in a manner to limit t he evidence presented to the 37 |
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| 52 | 52 | | jury to that which is specifically proven under subsection 4 38 |
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| 53 | 53 | | of this section; and 39 |
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| 54 | 54 | | (2) Provide appropriate limiting instructions to the 40 |
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| 55 | 55 | | jury. 41 |
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| 56 | 56 | | |
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