A. Except as otherwise provided in the Elderly and Incapacitated Victim's Protection Program, every person who, having been convicted of any offense punishable by imprisonment in the State Penitentiary, commits any crime after such conviction is punishable therefor as follows:
- 1. If the offense of which such person is subsequently convicted is such that upon a first conviction an offender would by punishable by imprisonment in the State Penitentiary for any term exceeding five (5) years, such person is punishable by imprisonment in the State Penitentiary for a term not less than ten (10) years.
- 2. If such subsequent offense is such that upon a first conviction the offender would be punishable by imprisonment in the State Penitentiary for five (5) years, or any less term, then the person convicted of such subsequent offense is punishable by imprisonment in the State Penitentiary for a term not exceeding ten (10) years.
- 3. If such subsequent conviction if for petit larceny, the person convicted of such subsequent offense is punishable by imprisonment in the State Penitentiary for a term not exceeding five (5) years.
- B. Every person who, having been convicted of felony offense, commits a third, or thereafter, felony offense within ten (10) years of the date following the completion of the execution of the sentence, shall be punished by imprisonment in the State Penitentiary for a term of not less than twenty years. Felony offense relied upon shall not have arisen out of the same transaction or occurrence of series of events closely related in time and location. Nothing in this section shall abrogate or affect the punishment by death in all crimes now or hereafter made punishable by death.
Laws 1999, 1st Extr. Sess., HB 1009, c. 5, § 434, emerg. eff. July 1, 1999.