This bill amends section 27-404 of the Nebraska Evidence Rules to allow for the consideration of extrinsic evidence that is inextricably intertwined with the charged crime. Specifically, it introduces new language that permits such evidence to be admissible when it forms part of the factual setting of the charged crime, is blended with it, or is necessary for the prosecution to present a coherent picture of the crime. Additionally, the bill clarifies that evidence of other crimes, wrongs, or acts may be admissible for various purposes, including motive and intent, while also requiring that the prosecution prove by clear and convincing evidence that the accused committed the other acts when such evidence is presented.
The bill also eliminates unnecessary references and repeals the original section of the law. It specifies that when evidence of other crimes is admitted, the court must instruct the jury to consider it only for the limited purpose for which it was admitted. Overall, the changes aim to enhance the clarity and applicability of the rules regarding the admissibility of character evidence and related extrinsic evidence in criminal proceedings.
Statutes affected: Introduced: 27-404