New Jersey AJR 107: "J.B.'s Law;" amends Rules of Evidence to exclude creative or artistic expression in audio or video format from jury consideration in criminal proceedings.

Bill Text

(Sponsorship Updated As Of: 2/1/2024)
ASSEMBLY JOINT RESOLUTION
No. 107
STATE OF NEW JERSEY
221st LEGISLATURE

INTRODUCED FEBRUARY 1, 2024

Sponsored by:
Assemblywoman VERLINA REYNOLDS-JACKSON
District 15 (Hunterdon and Mercer)

SYNOPSIS
J.B.’s Law;” amends Rules of Evidence to exclude creative or artistic
expression in audio or video format from jury consideration in criminal
proceedings.

CURRENT VERSION OF TEXT
As introduced.

AJR107 REYNOLDS-JACKSON
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EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is
not enacted and is intended to be omitted in the law.

Matter underlined thus is new matter.

A JOINT RESOLUTION pursuant to P.L.1960, c.52 proposing an 1
amendment to the Rules of Evidence and designated as “J.B.’s 2
Law.” 3
4
WHEREAS, As early as 2011, lyrics of rap music, as expressed in audio 5
and music videos, have been used as a basis for indictment and 6
prosecution of rap artists, specifically hip-hop and rap artists; and 7
WHEREAS, Edgar Jamal Gamory, whose stage name was “J.B.,” is a 8
contemporary example of an artist who has been convicted based in 9
part on evidence from his creative and artistic expressions, 10
specifically music lyrics and rap videos; and 11
WHEREAS, The admission of creative or artistic expressions as 12
evidence in a criminal proceeding in the form of musical lyrics and 13
musical videos is unfairly prejudicial and is further contrary to the 14
Confrontation Clause, Article I, paragraph 10 of the New Jersey 15
Constitution; and 16
WHEREAS, Musical expression is a form of free speech protected by 17
the First Amendment and should not be admissible into evidence or 18
used as impeachment evidence in any criminal; now, therefore, 19
20
BE IT RESOLVED by the Senate and General Assembly of the 21
State of New Jersey: 22
23
1. Pursuant to section 38 of P.L.1960, c.52 (C.2A:84A-38), the 24
Supreme Court of New Jersey may adopt the rules specified in this 25
section in the form set out, at any time after this joint resolution has 26
been delivered to and signed by the Governor of the State of New 27
Jersey, by entering an order that the rules are adopted and by 28
causing true copies of its order of adoption to be delivered to the 29
President of the Senate, the Speaker of the General Assembly and 30
the Governor, without again presenting the subject matter and a 31
tentative draft of rules at a Judicial Conference. 32
33
Rule 401 is amended to read as follows: 34
N.J.R.E. 401. Definition of “Relevant Evidence” 35
"Relevant evidence" means evidence having a tendency in reason 36
to prove or disprove any fact of consequence to the determination of 37
the action. Relevant evidence shall not include evidence of a 38
defendant's creative or artistic expression, whether original or 39
derivative, in audio or video format, and shall not be received into 40
evidence, or used as impeachment evidence against the defendant in 41
a criminal proceeding. For purposes of this section, a “creative or 42
artistic” expression means the expression or application of 43
creativity or imagination in the production or arrangement of forms, 44
sounds, words, movements, or symbols including, but not limited to 45

AJR107 REYNOLDS-JACKSON
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music, dance, performance art, visual art, poetry, literature, film, 1
and other such objects or media. 2
3
Rule 404 is amended to read as follows: 4
N.J.R.E. 404. Character Evidence Not Admissible to Prove 5
Conduct; Exceptions; Other Crimes Evidence 6
(a) Character Evidence. Evidence of a person's character or 7
character trait, including a trait of care or skill or lack thereof, is not 8
admissible to prove that on a particular occasion the person acted in 9
conformity with the character or trait except: 10
(1) Character of Defendant in a Criminal Proceeding. Evidence 11
of a pertinent trait of the defendant's character offered by the 12
defendant or by the prosecution to rebut it. Evidence of a pertinent 13
trait of the defendant's character offered by the defendant shall not 14
be excluded under Rule 403; 15
(2) Character of Victim. Evidence of a pertinent trait of character 16
of the victim of the crime offered by a defendant in a criminal 17
proceeding or by the prosecution to rebut it, or evidence of a 18
character trait of peacefulness of the victim offered by the 19
prosecution in a homicide case to rebut evidence that the victim was 20
the first aggressor; 21
(3) Character of Witness. Evidence of the character of a witness 22
as provided in Rule 608. 23
(b) Other Crimes, Wrongs, or Acts. 24
(1) Prohibited Uses. Except as otherwise provided by Rule 25
608(b), evidence of other crimes, wrongs, or acts is not admissible 26
to prove a person's disposition in order to show that on a particular 27
occasion the person acted in conformity with such disposition. 28
(2) Permitted Uses. This evidence may be admitted for other 29
purposes, such as proof of motive, opportunity, intent, preparation, 30
plan, knowledge, identity or absence