Criminal Procedure - Evidence - Protecting Artists' Creative Expression (PACE Act), the official text

WES MOORE, Governor                        Ch. 517

Chapter 517

                          (Senate Bill 475)

AN ACT concerning

Criminal Procedure – Evidence – Protecting Artists’ Creative Expression
                                                (PACE Act)

FOR the purpose of providing that the creative expression of a criminal defendant or
         juvenile respondent is not admissible against the defendant or respondent unless the
         court makes certain findings, subject to a certain exception; and generally relating
         to the admissibility of creative expression in criminal or juvenile proceedings.

BY adding to
         Article – Courts and Judicial Proceedings
         Section 10–926
         Annotated Code of Maryland
         (2020 Replacement Volume and 2025 Supplement)

         SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

                   Article – Courts and Judicial Proceedings

10–926.

        (A) (1) IN THIS SECTION, “CREATIVE EXPRESSION” MEANS THE

EXPRESSION OR APPLICATION OF CREATIVITY OR IMAGINATION IN THE

PRODUCTION OR ARRANGEMENT OF FORMS, SOUNDS, WORDS, MOVEMENTS, OR
SYMBOLS THAT IS ELIGIBLE FOR FEDERAL COPYRIGHT PROTECTION UNDER 17
U.S.C. § 102.

             (2) “CREATIVE EXPRESSION” INCLUDES:

             (I) MUSIC;

             (II) DANCE;

             (III) PERFORMANCE ART;

             (IV) VISUAL ART;

             (V) POETRY;

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Ch. 517  2026 LAWS OF MARYLAND

                         (VI) LITERATURE; AND

                         (VII) FILM.

        (B) IN ANY CRIMINAL PROCEEDING OR JUVENILE PROCEEDING, THE

CREATIVE EXPRESSION OF A DEFENDANT OR RESPONDENT IS NOT ADMISSIBLE

AGAINST THE DEFENDANT OR RESPONDENT UNLESS THE COURT FINDS, BY A
PREPONDERANCE OF THE EVIDENCE, THAT:

                (1) (I) THE DEFENDANT OR RESPONDENT INTENDED THE
CREATIVE EXPRESSION TO BE LITERAL, RATHER THAN FIGURATIVE OR FICTIONAL;

OR

                         (II) IF THE CREATIVE EXPRESSION IS DERIVATIVE, THE

DEFENDANT INTENDED TO ADOPT THE LITERAL MEANING OF THE CREATIVE

EXPRESSION AS THEIR OWN;

                (2) THE CREATIVE EXPRESSION REFERS TO THE SPECIFIC FACTS OF
THE ALLEGED OFFENSE; AND THERE IS A CLOSE TEMPORAL AND FACTUAL NEXUS
BETWEEN THE CREATIVE EXPRESSION AND THE ALLEGED OFFENSE;

                (3) THE CREATIVE EXPRESSION IS RELEVANT TO A DISPUTED ISSUE
OF FACT.; AND

                (4) THE PROBATIVE VALUE OF THE CREATIVE EXPRESSION
OUTWEIGHS ITS PREJUDICIAL EFFECT.

        (C) NOTHING IN THIS SECTION PRECLUDES THE ADMISSION OF CREATIVE
EXPRESSION IN JUVENILE CASES FOR THE PURPOSES OF EVALUATING,
RECOMMENDING, OR ORDERING REFERRAL TO MENTAL HEALTH SERVICES OR
DIVERSION PROGRAMS.

         SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026.

Approved by the Governor, May 12, 2026.

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