SB 648 - This act establishes the Restoring Artistic Protection Act, which provides that evidence of a defendant's creative or artistic expression shall not be admissible against such defendant in a criminal case except if the state proves certain elements and facts of the creative or artistic expression by clear and convincing evidence at a hearing held in private before the judge. The court shall make its ruling, which shall include findings of fact that were essential to the ruling, on the record. Lastly, this act provides that if the court admits any evidence, the court shall ensure that the expression is redacted in a manner to limit the evidence presented to the jury to that which is specifically allowed by this act and provide appropriate limiting instructions to the jury. This act is substantially similar to HB 1040 (2025), HB 2923 (2024), and HB 353 (2023).
KATIE O'BRIEN