(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.
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