P.R. Laws tit. 33, § 4709

2019-02-21 00:00:00+00
§ 4709. Degrees and punishment

The following degrees of recidivism are hereby established, under the specified circumstances, and their applicable punishment is hereby provided:

(a) There shall be recidivism when the person convicted and sentenced for a felony commits another felony. Such recidivism is considered to be an aggravating circumstance.

(b) There shall be aggravated recidivism when the person previously convicted and sentenced for two (2) or more felonies, committed and tried at different times and independently from one another, once again commits another felony. The sentence to be applied shall be increased up to twenty percent (20%) of the maximum limit in the range of penalties for the crime.

(c) There shall be habitual recidivism when a person who has been convicted and sentenced for two (2) or more felonies committed and tried at different times and independently from each other later commits another felony in the first or second degree or any other felony in violation to the Puerto Rico Explosives Act, §§ 561—593 of Title 25, the Act Against Organized Crime, §§ 971—971s of Title 25, §§ 2401, 2405, 2411 and 2411(a) of Title 24, part of the Controlled Substances Act of Puerto Rico or §§ 456m, 458b and 458f of Title 25, part of the Puerto Rico Weapons Law, all as amended. The punishment to be applied shall be ninety-nine (99) years of imprisonment.

History —June 18, 2004, No. 149, § 81; Dec. 22, 2009, No. 189, § 1.