Ark. Code Ann. § 5-2-309
This is the official text of Ark. Code Ann. § 5-2-309, 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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Determination of fitness to proceed
Official statutory text
(a) If the defendant's fitness to proceed becomes an issue at any stage of the case, the issue of the defendant's fitness to proceed shall be determined by the court. (b) If neither party contests the finding of the report filed pursuant to § 5-2-327 , the court may make the determination under subsection (a) of this section on the basis of the report. (c) If the finding of the report is contested, the court shall hold a hearing on the issue of the defendant's fitness to proceed. Amended by Act 2017, No. 472,§ 8, eff. 8/1/2017. Acts 1975, No. 280, § 606; A.S.A. 1947, § 41-606.
(a) If the defendant's fitness to proceed becomes an issue at any stage of the case, the issue of the defendant's fitness to proceed shall be determined by the court.
(b) If neither party contests the finding of the report filed pursuant to § 5-2-327 , the court may make the determination under subsection (a) of this section on the basis of the report.
(c) If the finding of the report is contested, the court shall hold a hearing on the issue of the defendant's fitness to proceed.
Amended by Act 2017, No. 472,§ 8, eff. 8/1/2017.
Acts 1975, No. 280, § 606; A.S.A. 1947, § 41-606.
(a) If the defendant's fitness to proceed becomes an issue at any stage of the case, the issue of the defendant's fitness to proceed shall be determined by the court.
(b) If neither party contests the finding of the report filed pursuant to § 5-2-327 , the court may make the determination under subsection (a) of this section on the basis of the report.
(c) If the finding of the report is contested, the court shall hold a hearing on the issue of the defendant's fitness to proceed.
Amended by Act 2017, No. 472,§ 8, eff. 8/1/2017.
Acts 1975, No. 280, § 606; A.S.A. 1947, § 41-606.
Status: in_force
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