Ark. Code Ann. § 5-2-304
This is the official text of Ark. Code Ann. § 5-2-304, part of Arkansas’s Code Ann — part of the compiled statutory law of Arkansas, published by the state as "Code Ann." Browse the sections below, each linked to its official government source.
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Notice requirement
Official statutory text
(a) When a defendant intends to raise lack of criminal responsibility as a defense in a prosecution or put in issue his or her fitness to proceed, the defendant shall notify the prosecutor and the court at the earliest practicable time. (b) (1) Failure to notify the prosecutor within a reasonable time before the trial date entitles the prosecutor to a continuance that for limitation purposes is deemed an excluded period granted on application of the defendant. (2) Alternatively, in lieu of suspending any further proceedings under § 5-2-328 , the court may order the immediate examination of the defendant at a designated receiving facility or program by an expert. Amended by Act 2017, No. 472,§ 4, eff. 8/1/2017. Acts 1975, No. 280, § 604; 1977, No. 360, § 1; A.S.A. 1947, § 41-604; Acts 1995, No. 767, § 2.
(a) When a defendant intends to raise lack of criminal responsibility as a defense in a prosecution or put in issue his or her fitness to proceed, the defendant shall notify the prosecutor and the court at the earliest practicable time.
(b) (1) Failure to notify the prosecutor within a reasonable time before the trial date entitles the prosecutor to a continuance that for limitation purposes is deemed an excluded period granted on application of the defendant. (2) Alternatively, in lieu of suspending any further proceedings under § 5-2-328 , the court may order the immediate examination of the defendant at a designated receiving facility or program by an expert.
(1) Failure to notify the prosecutor within a reasonable time before the trial date entitles the prosecutor to a continuance that for limitation purposes is deemed an excluded period granted on application of the defendant.
(2) Alternatively, in lieu of suspending any further proceedings under § 5-2-328 , the court may order the immediate examination of the defendant at a designated receiving facility or program by an expert.
Amended by Act 2017, No. 472,§ 4, eff. 8/1/2017.
Acts 1975, No. 280, § 604; 1977, No. 360, § 1; A.S.A. 1947, § 41-604; Acts 1995, No. 767, § 2.
(a) When a defendant intends to raise lack of criminal responsibility as a defense in a prosecution or put in issue his or her fitness to proceed, the defendant shall notify the prosecutor and the court at the earliest practicable time.
(b) (1) Failure to notify the prosecutor within a reasonable time before the trial date entitles the prosecutor to a continuance that for limitation purposes is deemed an excluded period granted on application of the defendant. (2) Alternatively, in lieu of suspending any further proceedings under § 5-2-328 , the court may order the immediate examination of the defendant at a designated receiving facility or program by an expert.
(1) Failure to notify the prosecutor within a reasonable time before the trial date entitles the prosecutor to a continuance that for limitation purposes is deemed an excluded period granted on application of the defendant.
(2) Alternatively, in lieu of suspending any further proceedings under § 5-2-328 , the court may order the immediate examination of the defendant at a designated receiving facility or program by an expert.
Amended by Act 2017, No. 472,§ 4, eff. 8/1/2017.
Acts 1975, No. 280, § 604; 1977, No. 360, § 1; A.S.A. 1947, § 41-604; Acts 1995, No. 767, § 2.
Status: in_force
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