(a) As used in this section, “serious felony involving violence” means:(1) Murder in the first degree, § 5-10-102;(2) Murder in the second degree, § 5-10-103;(3) Battery in the first degree, § 5-13-201;(4) Aggravated assault, § 5-13-204;(5) Terroristic threatening, § 5-13-301, if a felony;(6) Terroristic act, § 5-13-310;(7) Rape, § 5-14-103;(8) Causing a catastrophe, § 5-38-202(a);(9) Arson, § 5-38-301;(10) Terrorism, § 5-54-205;(11) A felony offense under § 5-54-201 et seq.;(12) Criminal use of prohibited weapons, § 5-73-104, involving an activity making the offense punishable by a Class B felony;(13) Unlawful discharge of a firearm from a vehicle, § 5-74-107; or(14) A felony attempt, solicitation, or conspiracy to commit an offense listed in this subsection, if the attempt, solicitation, or conspiracy constitutes a felony.
(1) Murder in the first degree, § 5-10-102;
(2) Murder in the second degree, § 5-10-103;
(3) Battery in the first degree, § 5-13-201;
(4) Aggravated assault, § 5-13-204;
(5) Terroristic threatening, § 5-13-301, if a felony;
(6) Terroristic act, § 5-13-310;
(7) Rape, § 5-14-103;
(8) Causing a catastrophe, § 5-38-202(a);
(9) Arson, § 5-38-301;
(10) Terrorism, § 5-54-205;
(11) A felony offense under § 5-54-201 et seq.;
(12) Criminal use of prohibited weapons, § 5-73-104, involving an activity making the offense punishable by a Class B felony;
(13) Unlawful discharge of a firearm from a vehicle, § 5-74-107; or
(14) A felony attempt, solicitation, or conspiracy to commit an offense listed in this subsection, if the attempt, solicitation, or conspiracy constitutes a felony.
(b) A person is subject to an enhanced penalty for a serious felony involving violence in this state if the person was illegally or unlawfully in the United States at the time that the serious felony involving violence was committed in this state.
(c) The enhanced penalty under this section is as follows:(1) If the person is convicted of a Class D felony or an unclassified felony with a maximum authorized term of imprisonment that does not exceed six (6) years, the enhanced penalty shall be an additional term of years not to exceed four (4) years;(2) If the person is convicted of a Class C felony, a Class B felony, a Class A felony, or an unclassified felony with a maximum authorized term of imprisonment that is greater than six (6) years, but does not exceed thirty (30) years, the enhanced penalty shall be an additional term of years not to exceed ten (10) years; and(3) If the person is convicted of a Class Y felony or an unclassified felony with a maximum authorized term of imprisonment that exceeds thirty (30) years or that includes a life sentence, the enhanced penalty shall be an additional term of years not to exceed twenty (20) years.
(1) If the person is convicted of a Class D felony or an unclassified felony with a maximum authorized term of imprisonment that does not exceed six (6) years, the enhanced penalty shall be an additional term of years not to exceed four (4) years;
(2) If the person is convicted of a Class C felony, a Class B felony, a Class A felony, or an unclassified felony with a maximum authorized term of imprisonment that is greater than six (6) years, but does not exceed thirty (30) years, the enhanced penalty shall be an additional term of years not to exceed ten (10) years; and
(3) If the person is convicted of a Class Y felony or an unclassified felony with a maximum authorized term of imprisonment that exceeds thirty (30) years or that includes a life sentence, the enhanced penalty shall be an additional term of years not to exceed twenty (20) years.
(d) (1) To seek an enhanced penalty established in this section, a prosecuting attorney shall notify the defendant in writing that the defendant is subject to the enhanced penalty.(2) If the defendant is charged by information or indictment, the prosecuting attorney may include the written notice in the information or indictment.
(1) To seek an enhanced penalty established in this section, a prosecuting attorney shall notify the defendant in writing that the defendant is subject to the enhanced penalty.
(2) If the defendant is charged by information or indictment, the prosecuting attorney may include the written notice in the information or indictment.
(e) The enhanced portion of the sentence is consecutive to any other sentence imposed.
(f) Any person convicted under this section is not eligible for early release on parole, transfer to post-release supervision, or community correction transfer for the enhanced portion of the sentence.