Maryland legislation · 2026 Regular Session
Maryland SB475: Criminal Procedure - Evidence - Protecting Artists' Creative Expression (PACE Act)
Status: Signed into law, May 12, 2026
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.
What the bill says
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).
From the enrolled text, May 19, 2026:
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" (II) DANCE; (III) PERFORMANCE ART; (IV) VISUAL ART; (V) POETRY; 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 …