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