Restoring Artistic Protection Act of 2022

Bill: 117-hr-8531
Sponsor: full_name: Rep. Johnson, Henry C. "Hank," Jr. [D-GA-4]
Introduced: 2022-07-27
Policy area: Law
Latest action: action_date: 2022-11-01
text: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

Summaries:
action_date: 2022-07-27
action_desc: Introduced in House
text: <p><strong>Restoring Artistic Protection Act of 2022</strong></p> <p>This bill limits the admissibility of evidence of a defendant's creative or artistic expression against the defendant in a federal criminal case. The term <em>creative or artistic expression</em> means the expression or application of creativity or imagination in the production or arrangement of forms, sounds, words, movements, or symbols, including music, dance, performance art, visual art, poetry, literature, film, and other such objects or media.<br> </p>

tv_txt: I 117th CONGRESS 2d Session H. R. 8531 IN THE HOUSE OF REPRESENTATIVES July 27, 2022 Mr. Johnson of Georgia (for himself and Mr. Bowman ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Federal Rules of Evidence to limit the admissibility of evidence of a defendant’s creative or artistic expression against such defendant in a criminal proceeding, and for other purposes.

1. Short title This Act may be cited as the Restoring Artistic Protection Act of 2022 . 2. Limitation on admissibility of defendant’s creative or artistic expression (a) In general Article IV of the Federal Rules of Evidence is amended by adding at the end the following: Rule 416. Limitation on admissibility of defendant’s creative or artistic expression. (a) Creative and artistic expressions inadmissible Except as provided in subsection (b), evidence of a defendant's creative or artistic expression, whether original or derivative, is not admissible against such defendant in a criminal case. (b) Exception A court may admit evidence described in subsection (a) if the Government, in a hearing conducted outside the hearing of the jury, proves by clear and convincing evidence— (1) (A) if the expression is original, that defendant intended a literal meaning, rather than figurative or fictional meaning; or (B) if the expression is derivative, that the defendant intended to adopt the literal meaning of the expression as the defendant's own thought or statement; (2) that the creative expression refers to the specific facts of the crime alleged; (3) that the expression is relevant to an issue of fact that is disputed; and (4) that the expression has distinct probative value not provided by other admissible evidence. (c) Ruling on the record In any hearing under subsection (b), the court shall make its ruling on the record, and shall include its findings of fact essential to its ruling. (d) Redaction and limiting instructions If the court admits any evidence described in subsection (a) pursuant to the exception under subsection (b), the court shall— (1) ensure that the expression is redacted in a manner to limit the evidence presented to the jury to that which is specifically excepted under subsection (b); and (2) provide appropriate limiting instructions to the jury. (e) Definition In this section, the term creative or artistic expression means the expression or application of creativity or imagination in the production or arrangement of forms, sounds, words, movements or symbols, including music, dance, performance art, visual art, poetry, literature, film, and other such objects or media. . (b) Clerical amendment The table of contents for the Federal Rules of Evidence is amended by inserting after the item relating to rule 415 the following: 416. Limitation on admissibility of defendant’s creative or artistic expression. .