By Nigel Duara

WHAT THE BILL WOULD DO

AB 2799 would require prosecutors who want to use “creative expressions” as evidence of a crime to hold a pretrial hearing away from the jury to prove that rap lyrics or other artistic expression are relevant to the case. The bill by Democratic Assemblymember Reggie Jones-Sawyer of Los Angeles would require judges to balance the value of the evidence with the “undue prejudice” and racial bias possible when that evidence is presented to a jury. 

WHO SUPPORTS IT 

The bill has enjoyed broad support as it sailed unopposed through both houses. The California Attorneys for Criminal Justice cited the 2019 book “Rap on Trial: Race, Lyrics, and Guilt in America,” which they say proves that prosecutors use rap lyrics and other forms of expression to imply a defendant’s guilt, They contend such usage plays on a jury’s racial bias and a belief that what someone said in a song is also a true accounting of the crime with which they’re charged. 

WHO IS OPPOSED

There’s no official opposition to the bill, though the original version from Jones-Sawyer only called for a judge to instruct the jury to treat artistic expressions with “caution and close scrutiny.” A revised version from the Senate calls for an entirely separate hearing, away from the jury. 

WHY IT MATTERS

This bill is about rap lyrics and the book “Rap on Trial.” In one study mentioned in the book and by California Attorneys for Criminal Justice, two groups of people were read identical lyrics. One group was told they were from a country song, the other was told they were from rap. Participants rated the lyrics they were told was rap as more offensive and more likely to be true to life. In 2021, a Contra Costa man was convicted of murder after an expert prosecution witness testified that the man’s repeating of rap lyrics from popular songs was a confession to his own alleged crimes. He was sentenced to life in prison. 

GOVERNOR’S CALL ✅

Newsom signed the bill on Sept. 30, the last day to act. The governor’s Twitter account said the bill makes California the “1st state to ensure creative content — like lyrics & music videos — can’t be used against artists in court without judicial review.”