; or (ii) a second or subsequent conviction for driving while intoxicated (including a conviction for driving under the influence of or impaired by alcohol or drugs); or (X) an attempt or conspiracy to commit an offense described in this paragraph or aiding, abetting, counseling, procuring, com­mand­ing, inducing, facilitating, or soliciting the commission of such an offense. Any determinations under this paragraph shall be made on the basis of the record of conviction. For purposes of this paragraph, a person shall be considered to have committed an aggravated felony if that person has been convicted for 3 or more misdemeanors not arising out the traffic laws (except for any conviction for driving under the influence or an offense that results in the death or serious bodily injury of another person) or felonies for which the aggregate term of imprisonment imposed was 3 years or more, regardless of whether the convictions were all entered pursuant to a single trial or the offenses arose from a single pattern or scheme of conduct. . (b) Effective date; application of amendments (1) In general The amendments made by subsection (a)— (A) shall take effect on the date of the enactment of this Act; and (B) shall apply to any act or conviction that occurred before, on, or after such date. (2) Application of IIRIRA amendments The amendments to section 101(a)(43) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(43) ) made by section 321 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208