{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-168.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-168.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-168.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-168.html"}],"law_id":75846,"edition_id":1,"section_id":75846,"structure_id":13151,"section_number":"19.2-168","catch_line":"Notice to Commonwealth of intention to present evidence of insanity; continuance if notice not given","history":"Code 1950, \u00a7 19.1-227.1; 1970, c. 336; 1975, c. 495; 1986, c. 535; 2008, c. 372.","full_text":"In any case in which a person charged with a crime intends (i) to put in issue his sanity at the time of the crime charged and (ii) to present testimony 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 the Commonwealth, at least 60 days prior to his trial, of his intention to present such evidence. However, if the period between indictment and trial is less than 120 days, the person or his counsel shall give such notice no later than 60 days following indictment. In the event that such notice is not given, and the person proffers such evidence at his trial as a defense, then the court may in its discretion, either allow the Commonwealth a continuance or, under appropriate circumstances, bar the defendant from presenting such evidence. The period of any such continuance shall not be counted for speedy trial purposes under \u00a7 19.2-243.","order_by":null,"text":{"0":{"id":272355,"text":"In any case in which a person charged with a crime intends (i) to put in issue his sanity at the time of the crime charged and (ii) to present testimony 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 the Commonwealth, at least 60 days prior to his trial, of his intention to present such evidence. However, if the period between indictment and trial is less than 120 days, the person or his counsel shall give such notice no later than 60 days following indictment. In the event that such notice is not given, and the person proffers such evidence at his trial as a defense, then the court may in its discretion, either allow the Commonwealth a continuance or, under appropriate circumstances, bar the defendant from presenting such evidence. The period of any such continuance shall not be counted for speedy trial purposes under \u00a7 19.2-243.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13151,"edition_id":1,"name":"Proceedings on Question of Insanity","identifier":"11","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:44:21","date_modified":"2026-06-26 03:44:21","permalink":{"id":168457,"object_type":"structure","relational_id":13151,"identifier":"11","token":"19.2\/11","url":"\/19.2\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63190,"structure_id":13151,"section_number":"19.2-167","catch_line":"Accused not to be tried while insane or feebleminded","url":"\/19.2-167\/","token":"19.2\/11\/19.2-167","metadata":false},{"id":75846,"structure_id":13151,"section_number":"19.2-168","catch_line":"Notice to Commonwealth of intention to present evidence of insanity; continuance if notice not given","url":"\/19.2-168\/","token":"19.2\/11\/19.2-168","metadata":false},{"id":72794,"structure_id":13151,"section_number":"19.2-168.1","catch_line":"Evaluation on motion of the Commonwealth after notice","url":"\/19.2-168.1\/","token":"19.2\/11\/19.2-168.1","metadata":false},{"id":79422,"structure_id":13151,"section_number":"19.2-169","catch_line":"Repealed","url":"\/19.2-169\/","token":"19.2\/11\/19.2-169","metadata":false},{"id":85695,"structure_id":13151,"section_number":"19.2-169.1","catch_line":"Raising question of competency to stand trial or plead; evaluation and determination of competency","url":"\/19.2-169.1\/","token":"19.2\/11\/19.2-169.1","metadata":false},{"id":66444,"structure_id":13151,"section_number":"19.2-169.2","catch_line":"Disposition when defendant found incompetent","url":"\/19.2-169.2\/","token":"19.2\/11\/19.2-169.2","metadata":false},{"id":80703,"structure_id":13151,"section_number":"19.2-169.3","catch_line":"Disposition of the unrestorably incompetent defendant; aggravated murder charge; sexually violent offense charge","url":"\/19.2-169.3\/","token":"19.2\/11\/19.2-169.3","metadata":false},{"id":65242,"structure_id":13151,"section_number":"19.2-169.3:1","catch_line":"Disposition of the unrestorably incompetent defendant; capital murder charge; inpatient custody of the Commissioner","url":"\/19.2-169.3_1\/","token":"19.2\/11\/19.2-169.3_1","metadata":false},{"id":84474,"structure_id":13151,"section_number":"19.2-169.4","catch_line":"Litigating certain issues when the defendant is incompetent","url":"\/19.2-169.4\/","token":"19.2\/11\/19.2-169.4","metadata":false},{"id":60376,"structure_id":13151,"section_number":"19.2-169.5","catch_line":"Evaluation of sanity at the time of the offense; disclosure of evaluation results","url":"\/19.2-169.5\/","token":"19.2\/11\/19.2-169.5","metadata":false},{"id":74002,"structure_id":13151,"section_number":"19.2-169.6","catch_line":"Inpatient psychiatric hospital admission from local correctional facility","url":"\/19.2-169.6\/","token":"19.2\/11\/19.2-169.6","metadata":false},{"id":64791,"structure_id":13151,"section_number":"19.2-169.7","catch_line":"Disclosure by defendant during evaluation or treatment; use at guilt phase of trial","url":"\/19.2-169.7\/","token":"19.2\/11\/19.2-169.7","metadata":false},{"id":60590,"structure_id":13151,"section_number":"19.2-169.8","catch_line":"Orders for evaluation or treatment; duties of clerk; copies","url":"\/19.2-169.8\/","token":"19.2\/11\/19.2-169.8","metadata":false},{"id":73663,"structure_id":13151,"section_number":"19.2-170","catch_line":"Repealed","url":"\/19.2-170\/","token":"19.2\/11\/19.2-170","metadata":false},{"id":60224,"structure_id":13151,"section_number":"19.2-174.1","catch_line":"Information required prior to admission to a mental health facility","url":"\/19.2-174.1\/","token":"19.2\/11\/19.2-174.1","metadata":false},{"id":59943,"structure_id":13151,"section_number":"19.2-175","catch_line":"Compensation of experts","url":"\/19.2-175\/","token":"19.2\/11\/19.2-175","metadata":false},{"id":78967,"structure_id":13151,"section_number":"19.2-176","catch_line":"Repealed","url":"\/19.2-176\/","token":"19.2\/11\/19.2-176","metadata":false},{"id":73536,"structure_id":13151,"section_number":"19.2-177","catch_line":"Repealed","url":"\/19.2-177\/","token":"19.2\/11\/19.2-177","metadata":false},{"id":59883,"structure_id":13151,"section_number":"19.2-177.1","catch_line":"Repealed","url":"\/19.2-177.1\/","token":"19.2\/11\/19.2-177.1","metadata":false},{"id":86647,"structure_id":13151,"section_number":"19.2-178","catch_line":"Where prisoner kept when no vacancy in facility or hospital","url":"\/19.2-178\/","token":"19.2\/11\/19.2-178","metadata":false},{"id":65369,"structure_id":13151,"section_number":"19.2-179","catch_line":"Repealed","url":"\/19.2-179\/","token":"19.2\/11\/19.2-179","metadata":false},{"id":78799,"structure_id":13151,"section_number":"19.2-180","catch_line":"Sentence or trial of prisoner when restored to sanity","url":"\/19.2-180\/","token":"19.2\/11\/19.2-180","metadata":false},{"id":54174,"structure_id":13151,"section_number":"19.2-181","catch_line":"Repealed","url":"\/19.2-181\/","token":"19.2\/11\/19.2-181","metadata":false},{"id":78634,"structure_id":13151,"section_number":"19.2-182","catch_line":"Representation by counsel in proceeding for commitment","url":"\/19.2-182\/","token":"19.2\/11\/19.2-182","metadata":false},{"id":87165,"structure_id":13151,"section_number":"19.2-182.1","catch_line":"Repealed","url":"\/19.2-182.1\/","token":"19.2\/11\/19.2-182.1","metadata":false}],"previous_section":{"id":63190,"structure_id":13151,"section_number":"19.2-167","catch_line":"Accused not to be tried while insane or feebleminded","url":"\/19.2-167\/","token":"19.2\/11\/19.2-167","metadata":false},"next_section":{"id":72794,"structure_id":13151,"section_number":"19.2-168.1","catch_line":"Evaluation on motion of the Commonwealth after notice","url":"\/19.2-168.1\/","token":"19.2\/11\/19.2-168.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-168\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1970, chapter 336; in 1975, chapter 495; in 1986, chapter 535; in 2008, chapter 372<\/a>.<\/p>","references":[{"id":72794,"section_number":"19.2-168.1","catch_line":"Evaluation on motion of the Commonwealth after notice","order_by":null,"url":"\/19.2-168.1\/"},{"id":60376,"section_number":"19.2-169.5","catch_line":"Evaluation of sanity at the time of the offense; disclosure of evaluation results","order_by":null,"url":"\/19.2-169.5\/"},{"id":64791,"section_number":"19.2-169.7","catch_line":"Disclosure by defendant during evaluation or treatment; use at guilt phase of trial","order_by":null,"url":"\/19.2-169.7\/"}],"refers_to":[{"id":57795,"section_number":"19.2-243","catch_line":"Limitation on prosecution of felony due to lapse of time after finding of probable cause; misdemeanors; exceptions","order_by":null,"url":"\/19.2-243\/"}],"permalink":{"id":168463,"object_type":"law","relational_id":75846,"identifier":"19.2-168","token":"19.2\/11\/19.2-168","url":"\/19.2-168\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-168\/","token":"19.2\/11\/19.2-168","dublin_core":{"Title":"Notice to Commonwealth of intention to present evidence of insanity; continuance if notice not given","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-168","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In any case in which a person charged with a crime<\/span> intends (i) to put in issue<\/span> his sanity at the time of the crime<\/span> charged and (ii) to present testimony<\/span> of an expert to support his claim on this issue<\/span> at his trial, he, or his counsel<\/span>, shall give notice in writing to the attorney for the Commonwealth, at least 60 days prior to his trial, of his intention to present such evidence<\/span>. However, if the period between indictment<\/span> and trial is less than 120 days, the person or his counsel<\/span> shall give such notice no later than 60 days following indictment<\/span>. In the event that such notice is not given, and the person proffers such evidence<\/span> at his trial as a defense, then the court<\/span> may in its discretion, either allow the Commonwealth a continuance<\/span> or, under appropriate circumstances, bar the defendant<\/span> from presenting such evidence<\/span>. The period of any such continuance<\/span> shall not be counted for speedy trial<\/span> purposes under \u00a7 19.2-243<\/a>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNOTICE TO COMMONWEALTH OF INTENTION TO PRESENT EVIDENCE OF INSANITY; CONTINUANCE\nIF NOTICE NOT GIVEN (\u00a7 19.2-168)\n\nIn any case in which a person charged with a crime intends (i) to put in issue\nhis sanity at the time of the crime charged and (ii) to present testimony of an\nexpert to support his claim on this issue at his trial, he, or his counsel,\nshall give notice in writing to the attorney for the Commonwealth, at least 60\ndays prior to his trial, of his intention to present such evidence. However, if\nthe period between indictment and trial is less than 120 days, the person or his\ncounsel shall give such notice no later than 60 days following indictment. In\nthe event that such notice is not given, and the person proffers such evidence\nat his trial as a defense, then the court may in its discretion, either allow\nthe Commonwealth a continuance or, under appropriate circumstances, bar the\ndefendant from presenting such evidence. The period of any such continuance\nshall not be counted for speedy trial purposes under \u00a7 19.2-243.\n\nHISTORY: Code 1950, \u00a7 19.1-227.1; 1970, c. 336; 1975, c. 495; 1986, c. 535;\n2008, c. 372.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}