01/04/2023
On September 30, 2022, Governor Newsom signed AB 2799, which provides that courts “must consider specified factors…in determining whether creative expression evidence is more prejudicial than probative.”
Newsom signed it into law at a virtual ceremony attended by Meek Mill, Killer Mike, Too $hort, Ty Dolla $ign, YG, E-40 and Tyga, as well as CEO of the Recording Academy Harvey Mason Jr and the bill’s sponsor Assemblyman Reggie Jones-Sawyer, D-Los Angeles.
Dubbed the Decriminalizing Artistic Expression Act, the law seeks to — among other things — address the use of rap lyrics as evidence in trials. Specifically, it states that the court must weigh the “value of the evidence against the substantial danger of undue prejudice.”
According to the BBC, hip-hop lyrics have been leveraged as evidence in 500-plus criminal cases in the U.S. over the past 20 years .
One recent, very high-profile example is a RICO case brought in Atlanta against Young Thug, Gunna, and other YSL Records affiliates.
The rappers’ lyrics are cited over and over in the charging document “in furtherance of the conspiracy.”
West Coast rappers X-Raided and Lavish D were convicted in criminal trials in which prosecutors used their music to depict them as gang leaders. The former spent 26 years prison. The latter was sentenced to six years in prison on gun charges.
“This bill is an acknowledgment of systemic racism being involved,” X-Raided told the Sacramento Bee recently. “It was a huge thing for me. Because he specifies the intent behind this is not just to protect artists’ rights but also to protect minorities and people from disadvantaged backgrounds from being persecuted and literally prosecuted as well.”
This law is now in effect! Please send us a DM or email us ([email protected]) for more information on how we can help you or your loved one with resentencing!