§ 15A-959. Notice of defense of insanity; pretrial determination of insanity. - North Carolina Statutes

§ 15A‑959.  Notice ofdefense of insanity; pretrial determination of insanity.

(a)        If a defendantintends to raise the defense of insanity, the defendant must file a notice ofthe defendant's intention to rely on the defense of insanity as provided inG.S. 15A‑905(c) and, if the case is not subject to that section, within areasonable time prior to trial. The court may for cause shown allow late filingof the notice or grant additional time to the parties to prepare for trial ormake other appropriate orders.

(b)        In cases notsubject to the requirements of G.S. 15A‑905(c), if a defendant intends tointroduce expert testimony relating to a mental disease, defect, or othercondition bearing upon the issue of whether the defendant had the mental staterequired for the offense charged, the defendant must within a reasonable timeprior to trial file a notice of that intention. The court may for cause shownallow late filing of the notice or grant additional time to the parties toprepare for trial or make other appropriate orders.

(c)        Upon motion of thedefendant and with the consent of the State the court may conduct a hearingprior to the trial with regard to the defense of insanity at the time of theoffense. If the court determines that the defendant has a valid defense ofinsanity with regard to any criminal charge, it may dismiss that charge, withprejudice, upon making a finding to that effect. The court's denial of reliefunder this subsection is without prejudice to the defendant's right to rely onthe defense at trial. If the motion is denied, no reference to the hearing maybe made at the trial, and recorded testimony or evidence taken at the hearingis not admissible as evidence at the trial. (1973, c. 1286, s. 1; 1977, c. 711, s. 25; 2004‑154,s. 10.)