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HB 0026 - Evidence; limitations on admissions of extrinsic transactions; provisions

Tracking Level: Monitor
Sponsor: Knox,Tom 24th
Last Action: 1/11/2007 - House Second Readers
House Committee: JudyNC
Assigned To:
05. Superior CourtsNext Bill
Criminal Next Bill

Staff Analysis of the Legislation

Amend Chapter 2 or Title 24.  �Extrinsic transaction� in this code section means an independent crime or separate act that occurs prior or subsequent to the crime or crimes alleged in the defendant�s indictment.  Where a defendant is indicted for a serious violent felony or more than one serious violent felony, evidence that the defendant has been accused or convicted of an extrinsic transaction shall not be admitted unless:  its probative value substantially outweighs the danger of unfair prejudice, confusion of the issues, or misleading the jury; it is part of a continuous crime spree or it reflects a pattern/signature; the state affirmatively shows that the extrinsic transaction is introduced with the intent to be used as evidence to prove a disputed issue; there is sufficient evidence to establish that the defendant committed the extrinsic transaction; and there is a logical connection and similarity between the crime being tried and the extrinsic transaction.


Evidence of an extrinsic transaction is not admissible if the conviction has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence or rehabilitation of the person convicted. Extrinsic transaction evidence shall only be admissible under this Code for serious violent felonies. The State must provide notice of intent to present extrinsic transaction evidence and the court shall hold a pre trial hearing and may receive evidence on any issue of fact necessary to determine the admissibility of the alleged extrinsic transaction.  Burden of proof is placed on the prosecution.

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