77-14-4 - Insanity or diminished mental capacity -- Notice requirement. - Utah Statutes

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Statutes > Utah > Title-77 > Chapter-14 > 77-14-4

77-14-4. Insanity or diminished mental capacity -- Notice requirement.
(1) If a defendant proposes to offer evidence that the defendant is not guilty as a result ofinsanity or that the defendant had diminished mental capacity, or proposes to offer evidence inmitigation of a criminal homicide or attempted criminal homicide offense under Subsection76-5-205.5(1)(a), the defendant shall file and serve the prosecuting attorney with written noticeof the intention to claim the defense at the time of arraignment or as soon afterward aspracticable, but not fewer than 30 days before the trial.
(2) If the court receives notice that a defendant intends to claim that the defendant is notguilty by reason of insanity or that the defendant had diminished mental capacity, the court shallproceed in accordance with the requirements described in Section 77-16a-301.

Amended by Chapter 206, 2009 General Session

State Codes and Statutes

Statutes > Utah > Title-77 > Chapter-14 > 77-14-4

77-14-4. Insanity or diminished mental capacity -- Notice requirement.
(1) If a defendant proposes to offer evidence that the defendant is not guilty as a result ofinsanity or that the defendant had diminished mental capacity, or proposes to offer evidence inmitigation of a criminal homicide or attempted criminal homicide offense under Subsection76-5-205.5(1)(a), the defendant shall file and serve the prosecuting attorney with written noticeof the intention to claim the defense at the time of arraignment or as soon afterward aspracticable, but not fewer than 30 days before the trial.
(2) If the court receives notice that a defendant intends to claim that the defendant is notguilty by reason of insanity or that the defendant had diminished mental capacity, the court shallproceed in accordance with the requirements described in Section 77-16a-301.

Amended by Chapter 206, 2009 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-77 > Chapter-14 > 77-14-4

77-14-4. Insanity or diminished mental capacity -- Notice requirement.
(1) If a defendant proposes to offer evidence that the defendant is not guilty as a result ofinsanity or that the defendant had diminished mental capacity, or proposes to offer evidence inmitigation of a criminal homicide or attempted criminal homicide offense under Subsection76-5-205.5(1)(a), the defendant shall file and serve the prosecuting attorney with written noticeof the intention to claim the defense at the time of arraignment or as soon afterward aspracticable, but not fewer than 30 days before the trial.
(2) If the court receives notice that a defendant intends to claim that the defendant is notguilty by reason of insanity or that the defendant had diminished mental capacity, the court shallproceed in accordance with the requirements described in Section 77-16a-301.

Amended by Chapter 206, 2009 General Session