Proposal would let courts consider evidence tied to a crime

The proposal would allow courts to consider evidence of other acts when it is closely tied to the charged crime or offered for another listed purpose. The proposal covers evidence of a person's other crimes, wrongs, or acts offered in a case involving a charged crime. Closely tied evidence must form part of the crime's factual setting, be so connected that proving the charge requires proof of it, or be needed for the prosecution to give a clear account of the charge. Evidence could not be used just to argue that someone acted in keeping with their character. Other listed purposes include showing motive, intent, a plan, knowledge, identity, or absence of mistake or accident.

In a criminal case, the proposal would require the prosecution to prove to the court by clear and convincing evidence that the accused committed the other act. This applies when the prosecution offers evidence of the accused's other crimes, wrongs, or acts in a criminal case. If the evidence is offered as closely tied to the charged crime, the prosecution must also prove that it is in fact closely tied. The prosecution must make this proof outside the jury's presence. If the accused asks, the court must tell the jury to consider the evidence only for the purpose for which it was admitted.