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§ 876B. Lack of mental capacity or mental responsibility

Oklahoma Statutes AnnotatedTitle 44. MilitiaEffective: October 1, 2019

Oklahoma Statutes Annotated
Title 44. Militia
Chapter 6A. Oklahoma Uniform Code of Military Justice
Part IX. Posttrial Procedure and Review of Courts-Martial
Effective: October 1, 2019
44 Okl.St.Ann. § 876B
§ 876B. Lack of mental capacity or mental responsibility
Currentness
ARTICLE 76B. Lack of mental capacity or mental responsibility.
A. No person accused of violating a punitive section under the Oklahoma Uniform Code of Military Justice shall be brought to trial by a general or special court-martial if that person is presently suffering from a mental disease or defect rendering him or her mentally incompetent to the extent that he or she is unable to understand the nature of the proceedings against him or her or to conduct or cooperate intelligently in the defense of the case.
B. A person is presumed to have the capacity to stand trial unless the contrary is established.
C. The procedure for determining mental competence shall be established in regulations promulgated by the Adjutant General.

Credits

Laws 2019, c. 408, § 94, eff. Oct. 1, 2019.
44 Okl. St. Ann. § 876B, OK ST T. 44 § 876B
Current with emergency effective legislation through Chapter 316 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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