Current through the 2023 Legislative Sessions
Section 12.1-04.1-03 - Notice of defense of lack of criminal responsibility1. If the defendant intends to assert the defense of lack of criminal responsibility, the defendant shall notify the prosecuting attorney in writing and file a copy of the notice with the court. The notice must indicate whether the defendant intends to introduce at trial evidence obtained from examination of the defendant by a tier 1a mental health professional after the time of the alleged offense.2. The defendant shall file the notice within the time prescribed for pretrial motions or at such earlier or later time as the court directs. For cause shown, the court may allow late filing of the notice and grant additional time to the parties to prepare for trial or may make other appropriate orders.3. If the defendant fails to give notice in accordance with this section, lack of criminal responsibility may not be asserted as a defense.Amended by S.L. 2017, ch. 97 (SB 2042),§ 5, eff. 8/1/2017.