HB0687 • 2026

Criminal Procedure - Evidence - Protecting Artists' Creative Expression (PACE Act)

Children

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Delegates Amprey , Boafo , Acevero , Addison , Bouchat , Conaway , Davis , Embry , Fair , Lewis , J. Long , Moreno , Roberson , Ruff , Simmons , Simpson , Stinnett , Taveras , Taylor , Tomlinson , Wilkins , Williams , Woods , and Young
Last action: 2026-04-09
Official status: In the Senate - Rereferred to Judicial Proceedings
Effective date: 2026-10-01

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Criminal Procedure - Evidence - Protecting Artists' Creative Expression (PACE Act)

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 providing that the Act does not preclude the admission of creative expression in juvenile cases for the purposes of evaluating, recommending, or ordering referral to mental health services or diversion programs.

What This Bill Does

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 providing that the Act does not preclude the admission of creative expression in juvenile cases for the purposes of evaluating, recommending, or ordering referral to mental health services or diversion programs.

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

933027/1

None

Favorable with Amendments { 933027/1 Adopted

Plain English: AMENDMENT TO HOUSE BILL 687 (First Reading File Bill) On page 2, strike beginning with “THE” in line 18 down through “AND” in line 19 and substitute “THERE IS A CLOSE TEMPORAL AND FACTUAL NEXUS BETWEEN THE CREATIVE EXPRESSION AND THE ALLEGED OFFE NSE;”; and in line 21, strike the period and substitute “; AND (4) THE PROBATIVE VALUE O F THE CREATIVE EXPRE SSION OUTWEIGHS ITS PREJUDICIAL EFFECT.”.

AMENDMENT TO HOUSE BILL 687 (First Reading File Bill) On page 2, strike beginning with “THE” in line 18 down through “AND” in line 19 and substitute “THERE IS A CLOSE TEMPORAL AND FACTUAL NEXUS BETWEEN THE CREATIVE EXPRESSION AND THE ALLEGED OFFE NSE;”; and in line 21, strike the period and substitute “; AND (4) THE PROBATIVE VALUE O F THE CREATIVE EXPRE SSION OUTWEIGHS ITS PREJUDICIAL EFFECT.”.
HB0687/933027/1 BY: Judiciary Committee

Bill History

2026-04-09 Senate
Rereferred to Judicial Proceedings
2026-04-06 House
Favorable with Amendments Report by Judiciary
2026-03-20 House
Third Reading Passed (100-36)
2026-03-19 House
Favorable with Amendments { 933027/1 Adopted
2026-03-19 House
Second Reading Passed with Amendments
2026-03-19 Senate
Referred Rules
2026-02-02 House
First Reading Judiciary
2026-02-02 House
Hearing 2/17 at 1:00 p.m.
Maryland General Assembly
Text - First - Criminal Procedure - Evidence - Protecting Artists' Creative Expression (PACE Act)
Maryland General Assembly
Vote - House - Committee - Judiciary
Maryland General Assembly
Text - Third - Criminal Procedure - Evidence - Protecting Artists' Creative Expression (PACE Act)

Official Summary Text

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 providing that the Act does not preclude the admission of creative expression in juvenile cases for the purposes of evaluating, recommending, or ordering referral to mental health services or diversion programs.

Current Bill Text

Read the full stored bill text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0687*

HOUSE BILL 687
E2 6lr1627
CF SB 475
By: Delegates Amprey, Boafo, Acevero, Addison, Bouchat, Conaway, Davis,
Embry, Fair, Lewis, J. Long, Moreno, Roberson, Ruff, Simmons, Simpson,
Stinnett, Taveras, Taylor, Tomlinson, Wilkins, Williams, Woods, and Young
Introduced and read first time: February 2, 2026
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 19, 2026

CHAPTER ______

AN ACT concerning 1

Criminal Procedure – Evidence – Protecting Artists’ Creative Expression 2
(PACE Act) 3

FOR the purpose of providing that the creative expression of a criminal defendant or 4
juvenile respondent is not admissible against the defendant or respondent unless the 5
court makes certain findings, subject to a certain exception; and generally relating 6
to the admissibility of creative expression in criminal or juvenile proceedings. 7

BY adding to 8
Article – Courts and Judicial Proceedings 9
Section 10–926 10
Annotated Code of Maryland 11
(2020 Replacement Volume and 2025 Supplement) 12

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14

Article – Courts and Judicial Proceedings 15

10–926. 16

(A) (1) IN THIS SECTION , “CREATIVE EXPRESSION ” MEANS THE 17
EXPRESSION OR APPLIC ATION OF CREATIVITY OR IMAGINATION IN TH E 18
2 HOUSE BILL 687

PRODUCTION OR ARRANG EMENT OF FORMS , SOUNDS, WORDS, MOVEMENTS, OR 1
SYMBOLS THAT IS ELIG IBLE FOR FEDERAL COP YRIGHT PROTECTION UNDER 17 2
U.S.C. § 102. 3

(2) “CREATIVE EXPRESSION” INCLUDES: 4

(I) MUSIC; 5

(II) DANCE; 6

(III) PERFORMANCE ART; 7

(IV) VISUAL ART; 8

(V) POETRY; 9

(VI) LITERATURE; AND 10

(VII) FILM. 11

(B) IN ANY CRIMINAL PROCE EDING OR JUVENILE P ROCEEDING, THE 12
CREATIVE EXPRESSION OF A DEFENDANT OR RE SPONDENT IS NOT ADMI SSIBLE 13
AGAINST THE DEFENDAN T OR RESPONDENT UNLE SS THE COURT FINDS , BY A 14
PREPONDERANCE OF THE EVIDENCE, THAT: 15

(1) (I) THE DEFENDANT OR RESP ONDENT INTENDED THE 16
CREATIVE EXPRESSION TO BE LITERAL, RATHER THAN FIGURATIVE OR FICTIONAL; 17
OR 18

(II) IF THE CREATIVE EXPRE SSION IS DERIVATIVE , THE 19
DEFENDANT INTENDED T O ADOPT THE LITERAL MEANING OF THE CREAT IVE 20
EXPRESSION AS THEIR OWN; 21

(2) THE CREATIVE EXPRESSION REFERS TO THE SPE CIFIC FACTS OF 22
THE ALLEGED OFFENSE; AND THERE IS A CLOSE TEMP ORAL AND FACTUAL NEX US 23
BETWEEN THE CREATIVE EXPRESSION AND THE ALLEGED OFFENSE; 24

(3) THE CREATIVE EXPRESSION IS RELEVANT TO A DISPUTED ISSUE 25
OF FACT.; AND 26

(4) THE PROBATIVE VALUE O F THE CREATIVE EXPRESSION 27
OUTWEIGHS ITS PREJUDICIAL EFFECT. 28

HOUSE BILL 687 3

(C) NOTHING IN THIS SECTI ON PRECLUDES THE ADM ISSION OF CREATIVE 1
EXPRESSION IN JUVENI LE CASES FOR THE PUR POSES OF EVALUATING , 2
RECOMMENDING, OR ORDERING REFERRAL TO MENTAL HEALTH SER VICES OR 3
DIVERSION PROGRAMS. 4

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
October 1, 2026. 6

Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.