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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1036
Introduced by Dungan, 26.
Read first time January 14, 2026
Committee: Judiciary
A BILL FOR AN ACT relating to the Nebraska Evidence Rules; to amend1
section 27-404, Revised Statutes Cumulative Supplement, 2024; to2
provide for consideration of extrinsic evidence that is inextricably3
intertwined with the charged crime; to eliminate an unnecessary4
reference; and to repeal the original section.5
Be it enacted by the people of the State of Nebraska,6
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Section 1. Section 27-404, Revised Statutes Cumulative Supplement,1
2024, is amended to read: 2
27-404 (1) Evidence of a person's character or a trait of his or her3
character is not admissible for the purpose of proving that he or she4
acted in conformity therewith on a particular occasion, except:5
(a) Evidence of a pertinent trait of his or her character offered by6
an accused, or by the prosecution to rebut the same;7
(b) Evidence of a pertinent trait of character of the victim of the8
crime offered by an accused or by the prosecution to rebut the same, or9
evidence of a character trait of peacefulness of the victim offered by10
the prosecution in a homicide case to rebut evidence that the victim was11
the first aggressor. In a sexual assault case, reputation, opinion, or12
other evidence of past sexual behavior of the victim is governed by13
section 27-412; or 14
(c) Evidence of the character of a witness as provided in sections15
27-607 to 27-609. 16
(2) Evidence of other crimes, wrongs, or acts is not admissible to17
prove the character of a person in order to show that he or she acted in18
conformity therewith. It may, however, be admissible:19
(a) When it is inextricably intertwined with the charged crime; or20
(b) For for other purposes, such as proof of motive, opportunity,21
intent, preparation, plan, knowledge, identity, or absence of mistake or22
accident. 23
(3) Evidence of other crimes, wrongs, or acts is inextricably24
intertwined with the charged crime when such evidence:25
(a) Forms part of the factual setting of the charged crime;26
(b) Is so blended or connected to the charged crime that proof of27
the charged crime will necessarily require proof of the other crimes,28
wrongs, or bad acts; or 29
(c) Is necessary for the prosecution to present a coherent picture30
of the charged crime. 31
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(4)(a) In (3) When such evidence is admissible pursuant to this1
section, in criminal cases , evidence of other crimes, wrongs, or acts of2
the accused may be offered in evidence by the prosecution if the3
prosecution proves to the court by clear and convincing evidence that:4
(i) The the accused committed the crime, wrong, or act; and .5
(ii) If the evidence is offered under subdivision (2)(a) of this6
section, that such evidence is inextricably intertwined with the charged7
crime. 8
(b) Such proof shall first be made outside the presence of any jury.9
(c) Upon request by the accused, the court shall instruct the jury10
to consider such evidence only for the limited purpose for which it was11
admitted. 12
(4) Regarding the admissibility in a civil or criminal action of13
evidence of a person's commission of another offense or offenses of14
sexual assault under sections 28-316.01 and 28-319 to 28-322.05, see15
sections 27-413 to 27-415. 16
Sec. 2. Original section 27-404, Revised Statutes Cumulative17
Supplement, 2024, is repealed. 18
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