PACE Act - Protecting Criminal Defendants' Creative Expression Evidence
Summary
The Maryland Senate passed SB475, the PACE Act (Protecting Artists' Creative Expression), establishing that creative expression by criminal defendants or juvenile respondents is not admissible as evidence against them unless the court makes specific findings. The bill passed 33-10 in the Senate and received favorable committee reports from both Judicial Proceedings and House Judiciary. Exceptions apply for mental health evaluations and diversion program referrals in juvenile cases.
What changed
Maryland enacted the PACE Act creating a new evidentiary protection for criminal defendants and juveniles. The law provides that creative expression (art, music, writing) is inadmissible against the defendant unless the court makes specific findings of relevance. An exception permits admission in juvenile cases for mental health service evaluations, recommendations, or diversion program referrals.
Legal counsel and compliance officers should note that while this is state legislation awaiting gubernatorial action, it will substantially affect evidence practices in Maryland criminal proceedings. Defense attorneys should be prepared to invoke this protection when prosecutors seek to introduce creative works as evidence. The juvenile exception preserves court access to creative expressions for treatment and diversion purposes.
Source document (simplified)
ChangeBridge / Maryland / SB475 Passed SB475 Senate Bill Passed 2026-03-23
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.
Bill Details
State Maryland
Session 2026 Regular Session
Chamber Senate
Official Source mgaleg.maryland.gov/mgawebsite/Legislation...
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Sponsors
Charles Sydnor (Sen - D) Nick Charles (Sen - D) Chris West (Sen - R) Johnny Mautz (Sen - R)
Action History
2026-04-06 H Second Reading Passed with Amendments 2026-04-06 H Favorable with Amendments {433823/1 Adopted 2026-04-06 H Favorable with Amendments Report by Judiciary 2026-03-24 H Referred Judiciary 2026-03-23 S Third Reading Passed (33-10) 2026-03-23 S Second Reading Passed 2026-03-23 S Favorable Adopted 2026-03-23 S Favorable Report by Judicial Proceedings 2026-02-09 S Hearing 2/11 at 2:00 p.m. 2026-02-09 S Hearing canceled 2026-02-04 S Hearing 2/11 at 1:00 p.m. 2026-02-02 S First Reading Judicial Proceedings
Votes
2026-03-23 Third Reading Passed Yea: 33 Nay: 10
Committee Referrals
2026-02-02 S Judicial Proceedings 2026-03-24 H Judiciary
Amendments
2026-04-06 Favorable with Amendments 433823/1 Adopted Adopted
Bill Text Versions
2026-02-03 Introduced 2026-03-23 Engrossed
Subjects
Criminal Law - Procedures Art, Music, and Cultural Affairs defendants Evidence Juvenile Justice and Delinquency Mental and Behavioral Health Legislative data powered by LegiScan (CC BY 4.0)
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