28-8288. Third or subsequent offense

A. If a person is convicted of a third or subsequent violation of section 28-8282 or is convicted of a violation of section 28-8282 and has previously been convicted of any combination of convictions of section 28-8282 or acts committed in another state that if committed in this state would be a violation of section 28-8282 within a period of sixty months:

1. The person is guilty of a class 5 felony.

2. The person is not eligible for probation, pardon, suspension of sentence or release on any basis except as specifically authorized by section 31-233, subsection A or B until the person has served not less than six months in prison.

3. The court shall not suspend the imposition of a prison sentence.

4. If in the court's opinion the person has the problem of habitual abuse of alcohol or drugs, the court shall require the person to obtain treatment under its supervision.

5. In addition to any other penalty prescribed by law, the person shall pay an additional assessment of one thousand five hundred dollars to be deposited by the state treasurer in the prison construction and operations fund established by section 41-1651. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer.

6. In addition to any other penalty prescribed by law, the person shall pay an additional assessment of one thousand five hundred dollars to be deposited by the state treasurer in the public safety equipment fund established by section 41-1723. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer.

B. The dates of the commission of the offense are the determining factor in applying this section.

C. A third or subsequent violation for which a conviction occurs as provided in this section shall not include a conviction for an offense arising out of the same series of acts.