The following rules shall apply to determine recidivism:
(a) A previous crime shall not be taken into consideration when five (5) years have elapsed since the person served the sentence for the previous crime.
(b) Any conviction for a crime under the repealed Penal Code or classified as a felony under the special law shall be taken into consideration.
(c) Any conviction in a jurisdiction outside the Commonwealth of Puerto Rico for a criminal act that constitutes a felony in the Commonwealth of Puerto Rico shall be taken into consideration. It shall not be taken into consideration if classified as a misdemeanor in the Commonwealth of Puerto Rico.
(d) Criminal acts committed prior to the person having attained eighteen (18) years of age shall not be taken into consideration, except in cases excluded from the jurisdiction of the Juvenile Court of the Court of First Instance, pursuant to the provisions of law and those in which said court has waived its jurisdiction.
History —June 18, 2004, No. 149, § 82, eff. May 1, 2005.