New York S09632 establishes a presumption against the admissibility of a defendant's creative or artistic expression in criminal proceedings.

New York S09632 amends the criminal procedure law to establish a presumption against the admissibility of a defendant's creative or artistic expression in criminal proceedings. The bill requires the proffering party to affirmatively prove by clear and convincing evidence that the evidence is admissible. The presumption applies to original or derivative works, including music, dance, visual art, and literature. If admitted, the court must apply careful redactions, provide limiting instructions, and consider the least prejudicial means of presenting the creative expression.

New York S09632 establishes a presumption against the admissibility of a defendant's creative or artistic expression in criminal proceedings.

New York S09632 amends the criminal procedure law to establish a presumption against the admissibility of a defendant's creative or artistic expression in criminal proceedings. The bill requires the proffering party to affirmatively prove by clear and convincing evidence that the evidence is admissible. The presumption applies to original or derivative works, including music, dance, visual art, and literature. If admitted, the court must apply careful redactions, provide limiting instructions, and consider the least prejudicial means of presenting the creative expression.