19.2-168 - Notice to Commonwealth of intention to present evidence of insanity; continuance if notice not given. - Virginia Statutes

§ 19.2-168. Notice to Commonwealth of intention to present evidence ofinsanity; continuance if notice not given.

In any case in which a person charged with a crime intends (i) to put inissue his sanity at the time of the crime charged and (ii) to presenttestimony of an expert to support his claim on this issue at his trial, he,or his counsel, shall give notice in writing to the attorney for theCommonwealth, at least 60 days prior to his trial, of his intention topresent such evidence. However, if the period between indictment and trial isless than 120 days, the person or his counsel shall give such notice no laterthan 60 days following indictment. In the event that such notice is notgiven, and the person proffers such evidence at his trial as a defense, thenthe court may in its discretion, either allow the Commonwealth a continuanceor, under appropriate circumstances, bar the defendant from presenting suchevidence. The period of any such continuance shall not be counted for speedytrial purposes under § 19.2-243.

(Code 1950, § 19.1-227.1; 1970, c. 336; 1975, c. 495; 1986, c. 535; 2008, c.372.)