Nebraska2026Did Not Pass
LB1036
Changes to Rules About Evidence in Nebraska Courts
Last scannedAug 25, 2026, 3:18 AM
In one sentence
This bill proposes changing state law on when evidence of a person's past actions or character can be used in court cases.
What it does
- Amends section 27-404 of the Revised Statutes to update rules for admitting evidence.
- Allows courts to consider evidence of other crimes if they are tightly connected, or 'inextricably intertwined,' with the current charge.
- Defines when past acts form part of the factual setting, are so blended that proving the crime requires them, or help present a coherent picture of the crime.
- Requires prosecutors in criminal cases to prove by clear and convincing evidence that an accused person committed the prior act before showing it to a jury.
- Mandates that judges decide on this proof outside the presence of any jury.
Who it affects
- Prosecutors who present evidence in criminal cases
- Defendants charged with crimes
- Judges and courts handling trials under Nebraska Evidence Rules
Limits and unknowns
- The bill was indefinitely postponed, meaning it did not become law in this session.
- No effective date is listed because the final action stopped the process.
Plain language
Terms to know
- Inextricably intertwined
- Evidence that is so connected to the main crime that proving the charge requires showing this other act, forms part of its factual setting, or helps tell a complete story.
- Admissible evidence
- Information or proof that a court allows lawyers to present during a trial.
Official record
Sources
Official summary
Change Nebraska Evidence Rules to provide for consideration of evidence of other crimes, wrongs, or acts as prescribed
Official activity
Bill history
- Indefinitely postponed