2006 Code of Virginia § 19.2-297.1 - Sentence of person twice previously convicted of certain violent felonies

19.2-297.1. Sentence of person twice previously convicted of certainviolent felonies.

A. Any person convicted of two or more separate acts of violence when suchoffenses were not part of a common act, transaction or scheme, and who hasbeen at liberty as defined in 53.1-151 between each conviction, shall, uponconviction of a third or subsequent act of violence, be sentenced to lifeimprisonment and shall not have all or any portion of the sentence suspended,provided it is admitted, or found by the jury or judge before whom he istried, that he has been previously convicted of two or more such acts ofviolence. For the purposes of this section, "act of violence" means (i) anyone of the following violations of Chapter 4 ( 18.2-30 et seq.) of Title18.2:

a. First and second degree murder and voluntary manslaughter under Article 1( 18.2-30 et seq.);

b. Mob-related felonies under Article 2 ( 18.2-38 et seq.);

c. Any kidnapping or abduction felony under Article 3 ( 18.2-47 et seq.);

d. Any malicious felonious assault or malicious bodily wounding under Article4 ( 18.2-51 et seq.);

e. Robbery under 18.2-58 and carjacking under 18.2-58.1;

f. Except as otherwise provided in 18.2-67.5:2 or 18.2-67.5:3, criminalsexual assault punishable as a felony under Article 7 ( 18.2-61 et seq.); or

g. Arson in violation of 18.2-77 when the structure burned was occupied ora Class 3 felony violation of 18.2-79.

(ii) conspiracy to commit any of the violations enumerated in clause (i) ofthis section; and (iii) violations as a principal in the second degree oraccessory before the fact of the provisions enumerated in clause (i) of thissection.

B. Prior convictions shall include convictions under the laws of any state orof the United States for any offense substantially similar to those listedunder "act of violence" if such offense would be a felony if committed inthe Commonwealth.

The Commonwealth shall notify the defendant in writing, at least thirty daysprior to trial, of its intention to seek punishment pursuant to this section.

C. Any person sentenced to life imprisonment pursuant to this section shallnot be eligible for parole and shall not be eligible for any good conductallowance or any earned sentence credits under Chapter 6 ( 53.1-186 et seq.)of Title 53.1. However, any person subject to the provisions of this section,other than a person who was sentenced under subsection A of 18.2-67.5:3 forcriminal sexual assault convictions specified in subdivision f, (i) who hasreached the age of sixty-five or older and who has served at least five yearsof the sentence imposed or (ii) who has reached the age of sixty or older andwho has served at least ten years of the sentence imposed may petition theParole Board for conditional release. The Parole Board shall promulgateregulations to implement the provisions of this subsection.

(1994, cc. 828, 860, 862, 881; 1994, 2nd Sp. Sess., cc. 1, 2; 1995, c. 834;1996, c. 539.)