Bill > LB1036

This bill amends Nebraska's Evidence Rules, specifically section 27-404, to clarify when evidence of other crimes, wrongs, or acts can be considered by a court. Previously, such evidence was generally not allowed to prove a person acted in conformity with that past behavior, but could be used for other specific purposes like proving motive or intent. The changes introduce a new category of admissibility: evidence that is "inextricably intertwined" with the charged crime, meaning it's so closely connected that proving the current crime necessarily involves proving the other acts, or it helps present a coherent picture of the current crime. The bill also requires the prosecution to prove by clear and convincing evidence that the accused committed the other crime, wrong, or act, and if it's being admitted because it's inextricably intertwined, that specific connection must also be proven. This proof must happen outside the jury's presence, and the jury will be instructed to consider the evidence only for the limited purpose it was admitted. The bill also removes an outdated reference to other sections of the statutes.

Justice

https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=63348