Arkansas Statutes

§ 5-2-304 — Notice requirement

Arkansas § 5-2-304

This text of Arkansas § 5-2-304 (Notice requirement) is published on Counsel Stack Legal Research, covering Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ark. Code Ann. § 5-2-304 (2026).

Text

(a)When a defendant intends to raise lack of criminal responsibility as a defense in a prosecution or put in issue his or her fitness to proceed, the defendant shall notify the prosecutor and the court at the earliest practicable time.
(b)(1) Failure to notify the prosecutor within a reasonable time before the trial date entitles the prosecutor to a continuance that for limitation purposes is deemed an excluded period granted on application of the defendant.
(2)Alternatively, in lieu of suspending any further proceedings under § 5-2-328 , the court may order the immediate examination of the defendant at a designated receiving facility or program by an expert.

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Related

Haynes v. State
58 S.W.3d 336 (Supreme Court of Arkansas, 2001)
58 case citations
Key v. State
923 S.W.2d 865 (Supreme Court of Arkansas, 1996)
33 case citations
Scott v. State
989 S.W.2d 891 (Supreme Court of Arkansas, 1999)
18 case citations
King v. State
2014 Ark. App. 81 (Court of Appeals of Arkansas, 2014)
14 case citations
Copeland v. State
37 S.W.3d 567 (Supreme Court of Arkansas, 2001)
7 case citations
Williams v. State
2009 Ark. 433 (Supreme Court of Arkansas, 2009)
7 case citations
Friar v. Erwin
2014 Ark. 487 (Supreme Court of Arkansas, 2014)
6 case citations
Walker v. State
797 S.W.2d 447 (Supreme Court of Arkansas, 1990)
6 case citations
Jimenez v. State
379 S.W.3d 762 (Court of Appeals of Arkansas, 2010)
4 case citations
Sharrah v. Damante
(W.D. Arkansas, 2022)
Opinion No.
(Arkansas Attorney General Reports, 2004)
Watson v. State
547 S.W.3d 89 (Court of Appeals of Arkansas, 2018)

Legislative History

Amended by Act 2017, No. 472,§ 4, eff. 8/1/2017. Acts 1975, No. 280, § 604; 1977, No. 360, § 1; A.S.A. 1947, § 41-604; Acts 1995, No. 767, § 2.

Nearby Sections

15
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Bluebook (online)
Arkansas § 5-2-304, Counsel Stack Legal Research, https://law.counselstack.com/statute/ar/5-2-304.