California State capitol. Photo by Andre M. via Wikipedia Commons.
The legislature of the State of California has voted to adopt AB 2799, a bill that would limit the use of rap lyrics as evidence in a trial, as Billboard reports. It now heads to the desk of Governor Gavin Newson, who is reportedly expected to sign the bill.
If enacted into law, AB 2799 would prevent the citation of lyrics during a trial unless prosecutors can prove their relevance to the case and assure the court that bringing the lyrics into the trial will not “inject racial bias into the proceedings.” The court would also be required to consider hearing testimony from experts in the genre of music being cited.
The bill's author, Assemblymember Reggie Jones-Sawyer, discussed the bill and its motivations in a statement shared with Pitchfork on Monday.
“Under current law rap artists can feel as though they are being read their Miranda Rights before they even begin to write music: ‘You have the right to remain silent. Anything you say can and will be used against you in a court of law.’ We should not stymie the creative expression of artists. Unfortunately, racial biases play a role when talking about musical genres. Rap music lyrics share many similarities to that of other musical categories yet are singled out by the judicial system to characterize an artist. AB 2799 would disallow prosecutors from triggering racial biases or reinforcing racial stereotypes and it gives judges guidance on the use of creative expression in court.”
The state of New York is currently considering a similar bill brought by State Senators Brad Hoylman and Jamaal Bailey. There are hopes for a nationwide law, too: Representatives Hank Johnson and Jamaal Bowman have introduced the Restoring Artistic Protection Act to the floor of the United States House of Representatives.