                                 CODE OF VIRGINIA

SENTENCE OF PERSON TWICE PREVIOUSLY CONVICTED OF CERTAIN VIOLENT FELONIES (§
19.2-297.1)

A. Any person convicted of two or more separate acts of violence when such
offenses were not part of a common act, transaction or scheme, and who has been
at liberty as defined in § 53.1-151 between each conviction, shall, upon
conviction of a third or subsequent act of violence, be sentenced to life
imprisonment 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 is tried,
that he has been previously convicted of two or more such acts of violence. For
the purposes of this section, &#8220;act of violence&#8221; means (i) any one of
the following violations of Chapter 4 (§ 18.2-30 et seq.) of Title 18.2:
			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 Article
4 (§ 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, criminal
sexual 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 or
a Class 3 felony violation of § 18.2-79.

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

B. Prior convictions shall include convictions under the laws of any state or of
the United States for any offense substantially similar to those listed under
&#8220;act of violence&#8221; if such offense would be a felony if committed in
the Commonwealth.
			The Commonwealth shall notify the defendant in writing, at least thirty days
prior to trial, of its intention to seek punishment pursuant to this section.

C. Any person sentenced to life imprisonment pursuant to this section shall not
be eligible for parole and shall not be eligible for any good conduct allowance
or any earned sentence credits under Chapter 6 (&#xA7; 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 &#xA7; 18.2-67.5:3 for
criminal sexual assault convictions specified in subdivision f, (i) who has
reached the age of sixty-five or older and who has served at least five years of
the sentence imposed or (ii) who has reached the age of sixty or older and who
has served at least ten years of the sentence imposed may petition the Parole
Board for conditional release. The Parole Board shall promulgate regulations to
implement the provisions of this subsection.

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