Arkansas Code § 5-2-304

Notice requirement
Open in Lexace · Ask the AI about this section
(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. 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. 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.
Acts 1975, No. 280, § 604; 1977, No. 360, § 1; A.S.A. 1947, § 41-604; Acts 1995, No. 767, § 2.

‹ Prev All Arkansas sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.