KRS 532.029: Persistent violent felony offender sentencing.

(1) As used in this section, "violent felony" means a felony that would classify a person

as a violent offender under KRS 439.3401.

(2) Notwithstanding any other provision of this chapter, a person convicted of a violent

felony who has previously been convicte d of two (2) separate violent felonies shall

be sentenced to:

(a) A term of imprisonment for life without benefit of probation or parole, if the

felony is not a capital offense; or

(b) Death, or a term of imprisonment for life without benefit of probation or

parole, if the felony is a capital offense.

(3) For the purpose of determining whether a person has two (2) or more separate

violent felony convictions, two (2) or more convictions for which the person served

concurrent or uninterrupted consecutive ter ms of imprisonment shall be deemed to

be only one (1) conviction, unless one (1) of the convictions was for an offense

committed while that person was imprisoned.