This law makes sure that a criminal defendant's or juvenile respondent's creative work, like music or art, cannot be used against them in court unless the judge decides it is important and fair to do so.
What This Bill Does
Defines 'creative expression' as any form of creativity protected by copyright laws, such as music, dance, visual arts, literature, poetry, performance art, and film.
States that a defendant's or respondent's creative work cannot be used against them in court unless the judge finds it is relevant to the case and has more value than harm.
Who It Names or Affects
Criminal defendants
Juvenile respondents
Terms To Know
Creative Expression
Any form of creativity protected by copyright laws, such as music, dance, visual arts, literature, poetry, performance art, and film.
Limits and Unknowns
Requires judges to make specific findings before admitting creative expression as evidence, but does not specify how these findings should be made.
Does not apply to mental health evaluations or diversion programs for juveniles.
Amendments
These notes stay tied to the official amendment files and metadata from the legislature.
Plain English: AMENDMENT TO SENATE BILL 475
(Third Reading File Bill)
On page 2, strike beginning with “THE” in line 21 down through “AND” in line 22
and substitute “THERE IS A CLOSE TEMPORAL AND FACTUAL NEXUS BETWEEN THE
CREATIVE EXPRESSION AND THE ALLEGED OFFE NSE;”; and in line 24, strike the
period and substitute “; AND
(4) THE PROBATIVE VALUE O F THE CREATIVE EXPRE SSION
OUTWEIGHS ITS PREJUDICIAL EFFECT.”.
AMENDMENT TO SENATE BILL 475
(Third Reading File Bill)
On page 2, strike beginning with “THE” in line 21 down through “AND” in line 22
and substitute “THERE IS A CLOSE TEMPORAL AND FACTUAL NEXUS BETWEEN THE
CREATIVE EXPRESSION AND THE ALLEGED OFFE NSE;”; and in line 24, strike the
period and substitute “; AND
(4) THE PROBATIVE VALUE O F THE CREATIVE EXPRE SSION
OUTWEIGHS ITS PREJUDICIAL EFFECT.”.
SB0475/433823/1
BY: Judiciary Committee
Bill History
2026-05-12Post Passage
Approved by the Governor - Chapter 517
2026-04-06House
Favorable with Amendments Report by Judiciary
2026-03-23Senate
Favorable Report by Judicial Proceedings
2026-03-22House
Third Reading Passed (99-35)
2026-03-22Senate
Senate Concurs House Amendments
2026-03-22Senate
Third Reading Passed (32-10)
2026-03-22Senate
Passed Enrolled
2026-03-19House
Favorable with Amendments { 433823/1 Adopted
2026-03-19House
Second Reading Passed with Amendments
2026-03-11House
Referred Judiciary
2026-03-07Senate
Third Reading Passed (33-10)
2026-03-06Senate
Favorable Adopted
2026-03-06Senate
Second Reading Passed
2026-02-09Senate
Hearing canceled
2026-02-09Senate
Hearing 2/11 at 2:00 p.m.
2026-02-04Senate
Hearing 2/11 at 1:00 p.m.
2026-02-02Senate
First Reading Judicial Proceedings
Maryland General Assembly
Text - First - Criminal Procedure - Evidence - Protecting Artists' Creative Expression (PACE Act)
Maryland General Assembly
Vote - Senate - Committee - Judicial Proceedings
Maryland General Assembly
Text - Third - 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 a 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.
Italics indicate opposite chamber/conference committee amendments.
*sb0475*
SENATE BILL 475
E2 (6lr2889)
ENROLLED BILL
— Judicial Proceedings/Judiciary —
Introduced by Senators Sydnor, Charles, West, and Mautz
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at __ ______________________ o’clock, ________M.
______________________________________________
President.
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
2 SENATE BILL 475
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Courts and Judicial Proceedings 3
10–926. 4
(A) (1) IN THIS SECTION , “CREATIVE EXPRESSION ” MEANS THE 5
EXPRESSION OR APPLIC ATION OF CREATIVITY OR IMAGINATION IN TH E 6
PRODUCTION OR ARRANG EMENT OF FORMS, SOUNDS, WORDS, MOVEMENTS, OR 7
SYMBOLS THAT IS ELIG IBLE FOR FEDERAL COP YRIGHT PROTECTION UN DER 17 8
U.S.C. § 102. 9
(2) “CREATIVE EXPRESSION” INCLUDES: 10
(I) MUSIC; 11
(II) DANCE; 12
(III) PERFORMANCE ART; 13
(IV) VISUAL ART; 14
(V) POETRY; 15
(VI) LITERATURE; AND 16
(VII) FILM. 17
(B) IN ANY CRIMINAL PROCE EDING OR JUVENILE PR OCEEDING, THE 18
CREATIVE EXPRESSION OF A DEFENDANT OR RE SPONDENT IS NOT ADMI SSIBLE 19
AGAINST THE DEFENDAN T OR RESPONDENT UNLE SS THE COURT FINDS , BY A 20
PREPONDERANCE OF THE EVIDENCE, THAT: 21
(1) (I) THE DEFENDANT OR RESP ONDENT INTENDED THE 22
CREATIVE EXPRESSION TO BE LITERAL, RATHER THAN FIGURATIVE OR FICTIONAL; 23
OR 24
(II) IF THE CREATIVE EXPRE SSION IS DERIVATIVE , THE 25
DEFENDANT INTENDED T O ADOPT THE LITERAL MEANING OF THE CREAT IVE 26
EXPRESSION AS THEIR OWN; 27
SENATE BILL 475 3
(2) THE CREATIVE EXPRESSION REFERS TO THE SPE CIFIC FACTS OF 1
THE ALLEGED OFFENSE ; AND THERE IS A CLOSE TEMP ORAL AND FACTUAL NEX US 2
BETWEEN THE CREATIVE EXPRESSION AND THE ALLEGED OFFENSE; 3
(3) THE CREATIVE EXPRESSION IS RELEVANT TO A DISPUTED ISSUE 4
OF FACT.; AND 5
(4) THE PROBATIVE VALUE O F THE CREATIVE EXPRE SSION 6
OUTWEIGHS ITS PREJUDICIAL EFFECT. 7
(C) NOTHING IN THIS SECTI ON PRECLUDES THE ADM ISSION OF CREATIVE 8
EXPRESSION IN JUVENI LE CASES FOR THE PUR POSES OF EVALUATING , 9
RECOMMENDING, OR ORDERING REFERRAL TO MENTAL HEALTH SER VICES OR 10
DIVERSION PROGRAMS. 11
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 12
October 1, 2026. 13
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.