1. (A) Notwithstanding any other provision of law, except in cases in which the death penalty is imposed, upon a conviction for a most serious offense as defined by this section, a person must be sentenced to a term of imprisonment for life without the possibility of parole if that person has either:

   1. (1) one or more prior convictions for:

      1. (a) a most serious offense; or
      2. (b) a federal or out-of-state conviction for an offense that would be classified as a most serious offense under this section; or

   2. (2) two or more prior convictions for:

      1. (a) a serious offense; or
      2. (b) a federal or out-of-state conviction for an offense that would be classified as a serious offense under this section.

2. (B) Notwithstanding any other provision of law, except in cases in which the death penalty is imposed, upon a conviction for a serious offense as defined by this section, a person must be sentenced to a term of imprisonment for life without the possibility of parole if that person has two or more prior convictions for:

   1. (1) a serious offense;
   2. (2) a most serious offense;
   3. (3) a federal or out-of-state offense that would be classified as a serious offense or most serious offense under this section; or
   4. (4) any combination of the offenses listed in items (1), (2), and (3) above.

3. (C) As used in this section:

   1. (1) "Most serious offense" means:

      	16-1-40	Accessory, for any offense enumerated in this item
      	16-1-80	Attempt, for any offense enumerated in this item
      	16-3-10	Murder
      	16-3-29	Attempted Murder
      	16-3-50	Voluntary manslaughter
      	16-3-85(A)(1)	Homicide by child abuse
      	16-3-85(A)(2)	Aiding and abetting homicide by child abuse
      	16-3-210	Lynching, First degree
      	16-3-210(B)	Assault and battery by mob, First degree
      	16-3-620	Assault and battery with intent to kill
      	16-3-652	Criminal sexual conduct, First degree
      	16-3-653	Criminal sexual conduct, Second degree
      	16-3-655	Criminal sexual conduct with minors, except where evidence presented at the criminal proceeding and the court, after the conviction, makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct where the victim was younger than the actor, as contained in Section 16-3-655(3)
      	16-3-656	Assault with intent to commit criminal sexual conduct, First and Second degree
      	16-3-910	Kidnapping
      	16-3-920	Conspiracy to commit kidnapping
      	16-3-1075	Carjacking
      	16-3-2020	Trafficking in persons
      	16-11-110(A)	Arson, First degree
      	16-11-311	Burglary, First degree
      	16-11-330(A)	Armed robbery
      	16-11-330(B)	Attempted armed robbery
      	16-11-540	Damaging or destroying building, vehicle, or other property by means of explosive incendiary, death results
      	24-13-450	Taking of a hostage by an inmate
      	25-7-30	Giving information respecting national or state defense to foreign contacts during war
      	25-7-40	Gathering information for an enemy
      	43-35-85(F)	Abuse or neglect of a vulnerable adult resulting in death
      	55-1-30(3)	Unlawful removing or damaging of airport facility or equipment when death results
      	56-5-1030(B)(3)	Interference with traffic-control devices or railroad signs or signals prohibited when death results from violation
      	58-17-4090	Obstruction of railroad, death results.

   2. (2) "Serious offense" means:

      1. (a) any offense which is punishable by a maximum term of imprisonment for thirty years or more which is not referenced in subsection (C)(1);

      2. (b) those felonies enumerated as follows:

         	16-3-220	Lynching, Second degree
         	16-3-210(C)	Assault and battery by mob, Second degree
         	16-3-600(B)	Assault and battery of a high and aggravated nature
         	16-3-810	Engaging child for sexual performance
         	16-9-220	Acceptance of bribes by officers
         	16-9-290	Accepting bribes for purpose of procuring public office
         	16-11-110(B)	Arson, Second degree
         	16-11-312(B)	Burglary, Second degree
         	16-11-380(B)	Theft of a person using an automated teller machine
         	16-13-210(1)	Embezzlement of public funds
         	16-13-230(B)(3)	Breach of trust with fraudulent intent
         	16-13-240(1)	Obtaining signature or property by false pretenses
         	16-25-20(B)	Domestic violence, First degree
         	16-25-65	Domestic violence of a high and aggravated nature
         	38-55-540(3)	Insurance fraud
         	44-53-370(e)	Trafficking in controlled substances
         	44-53-375(C)	Trafficking in ice, crank, or crack cocaine
         	44-53-445(B)(1)&(2)	Distribute, sell, manufacture, or possess with intent to distribute controlled substances within proximity of school
         	56-5-2945	Causing death by operating vehicle while under influence of drugs or alcohol; and

      3. (c) the offenses enumerated below:

         	16-1-40	Accessory before the fact for any of the offenses listed in subitems (a) and (b)
         	16-1-80	Attempt to commit any of the offenses listed in subitems (a) and (b)
         	43-35-85(E)	Abuse or neglect of a vulnerable adult resulting in great bodily injury.

   3. (3) "Conviction" means any conviction, guilty plea, or plea of nolo contendere.
4. (D) Except as provided in this subsection or subsection (E), no person sentenced pursuant to this section shall be eligible for early release or discharge in any form, whether by parole, work release, release to ameliorate prison overcrowding, or any other early release program, nor shall they be eligible for earned work credits, education credits, good conduct credits, or any similar program for early release. A person is eligible for work release if the person is sentenced for voluntary manslaughter (Section 16-3-50), kidnapping (Section 16-3-910), carjacking (Section 16-3-1075), burglary in the second degree (Section 16-11-312(B)), armed robbery (Section 16-11-330(A)), or attempted armed robbery (Section 16-11-330(B)), the crime did not involve any criminal sexual conduct or an additional violent crime as defined in Section 16-1-60, and the person is within three years of release from imprisonment.

5. (E) For the purpose of this section only, a person sentenced pursuant to this section may be paroled if:

   1. (1) the Department of Corrections requests the Department of Probation, Parole and Pardon Services to consider the person for parole; and

   2. (2) the Department of Probation, Parole and Pardon Services determines that due to the person's health or age he is no longer a threat to society; and

      1. (a) the person has served at least thirty years of the sentence imposed pursuant to this section and has reached at least sixty-five years of age; or
      2. (b) the person has served at least twenty years of the sentence imposed pursuant to this section and has reached at least seventy years of age; or
      3. (c) the person is afflicted with a terminal illness where life expectancy is one year or less; or
      4. (d) the person can produce evidence comprising the most extraordinary circumstances.
6. (F) For the purpose of determining a prior or previous conviction under this section and Section 17-25-50, a prior or previous conviction shall mean the defendant has been convicted of a most serious or serious offense, as may be applicable, on a separate occasion, prior to the instant adjudication. There is no requirement that the sentence for the prior or previous conviction must have been served or completed before a sentence of life without parole can be imposed under this section.
7. (G) The decision to invoke sentencing under this section is in the discretion of the solicitor.
8. (H) Where the solicitor is required to seek or determines to seek sentencing of a defendant under this section, written notice must be given by the solicitor to the defendant and defendant's counsel not less than ten days before trial.

HISTORY: 1982 Act No. 358, SECTIONS 1, 2; 1986 Act No. 462, SECTION 37; 1995 Act No. 83, SECTION 18; 1997 Act No. 113, SECTION 4; 1997 Act No. 136, SECTION 4; 1998 Act No. 402, SECTION 3; 2002 Act No. 176, SECTIONS 1, 2, eff March 5, 2002; 2006 Act No. 342, SECTION 9, eff July 1, 2006; 2007 Act No. 72, SECTION 3, eff June 13, 2007; 2010 Act No. 273, SECTION 20, eff June 2, 2010; 2010 Act No. 289, SECTION 7, eff June 11, 2010; 2015 Act No. 7 (S.196), SECTION 6.C, eff April 2, 2015; 2015 Act No. 58 (S.3), Pt II, SECTION 7, eff June 4, 2015.

Code Commissioner's Note

Section 16-11-540, referenced in subsection (C)(1), was repealed by 2000 Act No. 237. Section 16-3-220, referenced in subsection (C)(2)(b), and Section 16-3-620, referenced in subsection (C)(1), were repealed by 2010 Act No. 273.

Editor's Note

2010 Act No. 273, SECTION 7.C, provides:

"Wherever in the 1976 Code of Laws reference is made to the common law offense of assault and battery of a high and aggravated nature, it means assault and battery with intent to kill, as contained in repealed Section 16-3-620, and, except for references in Section 16-1-60 and Section 17-25-45, wherever in the 1976 Code reference is made to assault and battery with intent to kill, it means attempted murder as defined in Section 16-3-29."

Effect of Amendment

2015 Act No. 7, SECTION 6.C, in (C)(1), substituted "16-3-2020" for 16-3-930".

2015 Act No. 58, SECTION 7, in (C)(2)(b), added 16-25-20(B), domestic violence, first degree, and 16-25-65, domestic violence of a high and aggravated nature.