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Rule 21. Verdict.

(a)(1) Verdictoptions. For crimes committed on or after May 6, 2002, the verdict of thejury shall be either "guilty" or "not guilty," "notguilty by reason of insanity," "guilty and mentally ill at the timeof the offense," or "not guilty of the crime charged but guilty of alesser included offense," or "not guilty of the crime charged butguilty of a lesser included offense and mentally ill at the time of theoffense," provided that when the defense of mental illness has beenasserted and the defendant is acquitted on the ground that the defendant wasinsane at the time of the commission of the offense charged, the verdict shallbe "not guilty by reason of insanity."

(a)(2) For crimes committed before May 6, 2002,the defendant may elect to proceed under subsection (a)(1)or under (a)(3).

(a)(3) For crimes committedbefore May 6, 2002, unless the defendant elects to proceed under subsection(a)(1), the verdict of the jury shall be either "guilty," "notguilty," "not guilty by reason of insanity," "guilty andmentally ill," "not guilty of the crime charged but guilty of alesser included offense," or "not guilty of the crime charged butguilty of a lesser included offense and mentally ill" provided that whenthe defense of mental illness has been asserted and the defendant is acquittedon the ground that the defendant was insane at the time of the commission ofthe offense charged, the verdict shall be "not guilty by reason ofinsanity."

(b) Unanimity.The verdict shall be unanimous. It shall be returned by thejury to the judge in open court and in the presence of the defendant andcounsel. If the defendant is voluntarily absent, the verdict maybe received in the defendant?s absence.

(c) Multipledefendants. If there are two or more defendants, the jury at any timeduring its deliberations may return a verdict or verdicts with respect to anydefendant as to whom it has agreed. If the jury cannot agree with respect toall, the defendant or defendants as to whom it does not agree may be triedagain.

(d) Multipleoffenses. When the defendant may be convicted ofmore than one offense charged, each offense of which the defendant is convictedshall be stated separately in the verdict.

(e) Offensesincluded in charged offense. The jury may return a verdict of guilty to theoffense charged or to any offense necessarily included in the offense chargedor an attempt to commit either the offense charged or an offense necessarilyincluded therein.

(f) Pollingthe jury. When a verdict is returned and before itis recorded, the jury shall be polled at the request of any party or may bepolled at the court's own instance. If, upon the poll, there is no unanimousconcurrence, the jury may be directed to retire forfurther deliberations or may be discharged. If the verdict is unanimous, it shall be recorded.

(g) Acquittal.If judgment of acquittal is given on a verdict or thecase is dismissed and the defendant is not detained for any other legal cause, thedefendant shall be discharged as soon as the judgment is given. If a verdict ofguilty is returned, the court may order the defendantto be taken into custody to await judgment on the verdict or may permit thedefendant to remain on bail.