HB 237 explained: Bill seeks to limit use of lyrics in future court cases

Bill could limit lyrics in court cases

Under Georgia House Bill 237, a prosecutor would have to prove to a judge that artistic works like song lyrics are relevant before they can be used in court.

ATLANTA - A new proposal at the statehouse would make it more difficult for prosecutors to use artists' work against them in court. 

The bipartisan bill would require district attorneys to demonstrate to a judge that there is a connection between the art and the crime.

What is HB 237?

What we know:

Under Georgia House Bill 237, a prosecutor would have to prove to a judge that artistic works like song lyrics are relevant before they can be used in court.

A Democrat sponsored a similar bill last year. It did not pass. This current bill has support from both Democrats and Republicans.

Rep. Kasey Carpenter on HB 237

What they're saying:

State Rep. Kasey Carpenter, R-Dalton, who sponsors the bill, says the proposed legislation would protect artistic freedom. "I think it will and I think that’s kind of important," said Carpenter, who chairs the Georgia House Creative Arts and Entertainment Committee. 

Carpenter says artists should be free to express themselves. "First Amendment rights are First Amendment rights," Carpenter said. "If they’re always living in fear of what they say and how it may come back on them, they’re not really able to express themselves." The Dalton Republican says his proposal would force prosecutors to show a connection between the art and the crime before it could be admitted as evidence to a jury. "They would actually have to present their case to the judge with the other counsel there, but not the jury there, to determine its relevance and admissibility before presenting it," Carpenter said. "Let’s prove, without the jury there first if it’s admissible and then use it."

DA Fani Willis not main reason for bill, sponsor says

The backstory:

Carpenter introduced his bill after Fulton County District Attorney Fani Willis used lyrics in the prosecution of rapper Young Thug and other defendants in the YSL racketeering trial. 

Carpenter insists that case did not drive his proposed legislation. When asked if his bill is a response to the trial, Carpenter answered "no, not just to that specific case or trial, it’s just happening all over the United States. There are conversations about rappers, but there are also conversations about outlaw country." 

The other side:

FOX 5 tried to contact DA Willis’ office and is waiting for a response. 

YSL RICO trial lawyer reacts to bill

The other side:

Suri Chadha Jimenez is a criminal defense lawyer who represented Codrarius Dorsey in the YSL trial. His case was dismissed. Jimenez supports the bill. "I think it’s an excellent proposal," Jimenez said. "There has to be a strong nexus between the facts and the art." 

Jimenez says current law favors prosecution. The proposed measure could help level the field for the defense. "The judge has to evaluate it outside of the presence of the jury and get the state to show that there’s enough evidence of a strong factual nexus between the art and the actual crime," Jimenez said. 

What we don't know:

The bill had its second reading on Thursday, but it was not clear if or when it would reach the floor for a full House vote.