2006 Code of Virginia § 19.2-168 - Notice to Commonwealth of intention to present evidence of insanity; continuance if notice not give...

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 twenty-one days prior to his trial, of his intentionto present such evidence. In the event that such notice is not given, and theperson proffers such evidence at his trial as a defense, then the court mayin its discretion, either allow the Commonwealth a continuance or, underappropriate circumstances, bar the defendant from presenting such evidence.The period of any such continuance shall not be counted for speedy trialpurposes under 19.2-243.

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