S1738

The New York State Senate passed S1738, a bill amending the Criminal Procedure Law, on a 40-20 vote. The measure addresses the treatment of artistic expression, particularly hip-hop music, in criminal proceedings. Sen. Bailey, voting in favor, argued that music is a form of storytelling and artistic expression that should not be criminalized. He contended that lyrics should not be interpreted as literal admissions of criminal conduct, comparing hip-hop to country music where listeners understand the narrative nature of the art form. Bailey praised bill sponsor Sen. Hoylman-Sigal and expressed optimism about the bill's path to the governor's desk. The bill drew significant Republican opposition, with 20 senators voting against passage.

The New York State Senate passed legislation Tuesday that raises the evidentiary threshold for using rap and hip-hop lyrics in criminal trials, protecting artistic expression and addressing what sponsors characterized as discriminatory prosecution of hip-hop artists. Senate Print 1738, sponsored by Sen. Hoylman-Sigal with Sen. Bailey as prime cosponsor, passed 38-22 on a roll call vote. The bill does not bar the introduction of music lyrics as evidence but instead requires prosecutors to meet a higher standard before such evidence can be presented in court. Sponsors cited recent scholarship documenting 500 to 700 cases nationally and at least 28 cases in New York since 2017 where rap lyrics were used as evidence in criminal trials. Sen. Bailey argued that hip-hop lyrics are disproportionately scrutinized compared to other musical genres and that artistic expression deserves First Amendment protection. Sen. Hoylman-Sigal characterized rap and hip-hop as fundamentally political speech and said the bill resists racism that has targeted the genre. The measure received support from 38 senators, with 22 voting in opposition.