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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>75846</law_id><section_number>19.2-168</section_number><catch_line>Notice to Commonwealth of intention to present evidence of insanity; continuance if notice not given</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>19.2-168.1</reference><reference>19.2-169.5</reference><reference>19.2-169.7</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="19.2">Criminal Procedure</unit><unit label="chapter" level="2" order_by="1" identifier="11">Proceedings on Question of Insanity</unit></structure><text>
						<section><p>In any case in which a person charged with a <span class="dictionary">crime</span> intends (i) to put in <span class="dictionary">issue</span> his sanity at the time of the <span class="dictionary">crime</span> charged and (ii) to present <span class="dictionary">testimony</span> of an expert to support his claim on this <span class="dictionary">issue</span> at his trial, he, or his <span class="dictionary">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 <span class="dictionary">evidence</span>. However, if the period between <span class="dictionary">indictment</span> and trial is less than 120 days, the person or his <span class="dictionary">counsel</span> shall give such notice no later than 60 days following <span class="dictionary">indictment</span>. In the event that such notice is not given, and the person proffers such <span class="dictionary">evidence</span> at his trial as a defense, then the <span class="dictionary">court</span> may in its discretion, either allow the Commonwealth a <span class="dictionary">continuance</span> or, under appropriate circumstances, bar the <span class="dictionary">defendant</span> from presenting such <span class="dictionary">evidence</span>. The period of any such <span class="dictionary">continuance</span> shall not be counted for <span class="dictionary">speedy trial</span> purposes under &#xA7;&#xA0;<a class="law" title="Limitation on prosecution of felony due to lapse of time after finding of probable cause; misdemeanors; exceptions" href="/19.2-243/">19.2-243</a>.</p></section></text><history>Code 1950, &#xA7; 19.1-227.1; 1970, c. 336; 1975, c. 495; 1986, c. 535; 2008, c. 372.</history><metadata></metadata></law>
