Repeat violent offenders – Three strikes

(a) A “repeat violent offender” is a defendant who: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source: Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.(1) Is convicted in this state on or after July 1, 1994, of any offense classified in subdivision (b)(1) as a violent offense; and (2) Has at least two (2) prior convictions for offenses classified in subdivision (b)(1) or (b)(2) as a violent offense; or (3) Is convicted in this state on or after July 1, 1994, of any offense classified in subdivision (c)(1) as a violent offense; and (4) Has at least one (1) conviction for an offense classified in subdivision (c)(1) or (c)(2) as a violent offense; or (5) Is convicted in this state on or after July 1, 1995, of any offense classified in subdivision (d)(1) as a violent offense; and (6) Has at least one (1) prior conviction for an offense classified in subdivision (d)(1) or (d)(2) as a violent offense with the exception of the prior offense of robbery by use of a deadly weapon as listed in § 40-35-118(a). (b) (1) For purposes of subdivisions (a)(1) and (a)(2), the following offenses are classified as violent offenses: (A) First degree murder, including any attempt, solicitation or facilitation to commit first degree murder; (B) Second degree murder and any attempt or facilitation to commit second degree murder; (C) Especially aggravated kidnapping and any attempt or facilitation to commit especially aggravated kidnapping; (D) Especially aggravated robbery and any attempt or facilitation to commit especially aggravated robbery; (E) Aggravated rape and any attempt or facilitation to commit aggravated rape; (F) Rape of a child and any attempt or facilitation to commit rape of a child; (G) Aggravated arson and any attempt or facilitation to commit aggravated arson; (H) Aggravated kidnapping; (I) Aggravated robbery; (J) Rape; (K) Aggravated sexual battery; (L) Especially aggravated burglary; (M) Aggravated child abuse; (N) Aggravated sexual exploitation of minor; and (O) Especially aggravated sexual exploitation of a minor. (2) For purposes of subdivision (a)(2), the offenses that were repealed on November 1, 1989, and are listed in § 40-35-118(a) as Class A or B felonies against a person are classified as violent offenses. (c) (1) For purposes of subdivisions (a)(3) and (a)(4), the following offenses are classified as violent offenses: (A) First degree murder including any attempt, solicitation or facilitation to commit first degree murder; (B) Second degree murder; (C) Especially aggravated kidnapping; (D) Especially aggravated robbery; (E) Aggravated rape; (F) Rape of a child; and (G) Aggravated arson. (2) For purposes of subdivision (a)(4), the offenses that were repealed on November 1, 1989, and are listed in § 40-35-118(a) as Class A felonies against a person are classified as violent offenses. (d) (1) For purposes of subdivisions (a)(5) and (a)(6), the following offenses are classified as violent offenses: (A) First degree murder; (B) Second degree murder; (C) Especially aggravated kidnapping; (D) Especially aggravated robbery; (E) Aggravated rape; (F) Rape of a child; (G) Aggravated arson; (H) Aggravated kidnapping; (I) Rape; (J) Aggravated sexual battery; (K) Especially aggravated burglary; (L) Aggravated child abuse; (M) Aggravated sexual exploitation of a minor; and (N) Especially aggravated sexual exploitation of a minor. (2) For purposes of subdivision (a)(6), the offenses that were repealed on November 1, 1989, and are listed in § 40-35-118(a) as Class A or B felonies against a person, with the exception of the offense of robbery by use of a deadly weapon, are classified as violent offenses. (e) In determining the number of prior convictions a defendant has received: (1) “Prior conviction” means a defendant serves and is released from a period of incarceration for the commission of an offense or offenses so that a defendant must: (A) To q