22-3402. Discharge of persons not brought promptly to trial.
22-3402
22-3402. Discharge of persons not brought promptlyto trial.(1) If any person charged with a crime and held in jail solely by reasonthereof shall not be brought to trial within 90 days after such person'sarraignment on the charge, such person shall be entitled to be discharged fromfurther liability to be tried for the crime charged, unless the delay shallhappen as a result of the application or fault of the defendant, or acontinuance shall be ordered by the court under subsection (5).
(2) If any person charged with a crime and held to answer on an appearancebond shall not be brought to trial within 180 days after arraignment on thecharge, such person shall be entitled to be discharged from further liabilityto be tried for the crime charged, unless the delay shall happen as a result ofthe application or fault of the defendant, or a continuance shall be ordered bythe court under subsection (5).
(3) If any trial scheduled within the time limitation prescribed bysubsection (1) or (2) is delayed by the application of or at the requestof the defendant, the trial shall be rescheduled within 90 days of the originaltrial deadline.
(4) After any trial date has been set within the time limitation prescribedby subsection (1) or (2), if the defendant fails to appear for the trial or anypretrial hearing, and a bench warrant is ordered, the trial shall berescheduled within 90 days after the defendant has been surrendered on suchwarrant. However, if the defendant was subject to the 180-day deadlineprescribed by subsection (2) and more than 90 days of the original timelimitation remain, then the original time limitation remains in effect.
(5) The time for trial may be extended beyond the limitations ofsubsections (1) and (2) for any of the following reasons:
(a) The defendant is incompetent to stand trial. If the defendant issubsequently found to be competent to stand trial, the trial shall be scheduledwithin 90 days of such finding;
(b) A proceeding to determine the defendant's competency to stand trialis pending and a determination thereof may not be completed within the timelimitations fixed for trial by this section. If the defendant is subsequentlyfound to be competent to stand trial, the trial shall be scheduled within 90days of such finding;
(c) There is material evidence which is unavailable; that reasonable effortshave been made to procure such evidence; and that there are reasonable groundsto believe that such evidence can be obtained and trial commenced within thenext succeeding 90 days. Not more than one continuance may be granted the stateon this ground, unless for good cause shown, where the original continuance wasfor less than 90 days, and the trial is commenced within 120 days from theoriginal trial date;
(d) Because of other cases pending for trial, the court does not havesufficient time to commence the trial of the case within the time fixed fortrial by this section. Not more than one continuance of not more than30 days may be ordered upon this ground.
(6) In the event a mistrial is declared or a conviction is reversed on appealto the supreme court or court of appeals, the time limitations provided forherein shall commence to run from the date the mistrial is declared or the datethe mandate of the supreme court or court of appeals is filed in thedistrict court.
History: L. 1970, ch. 129, § 22-3402;L. 1976, ch. 163, § 18;L. 2004, ch. 47, § 1; July 1.