HB257: Felonies; use or display of firearm in committing, penalty.
HOUSE BILL NO. 257
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-53.1 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-53.1. Use or display of firearm in committing felony; penalty.
It shall be is unlawful for any person to
use or attempt to use any pistol, shotgun, rifle, or other firearm or display
such weapon in a threatening manner while committing or attempting to commit
murder, rape, forcible sodomy, inanimate or animate object sexual penetration
as defined in § 18.2-67.2, robbery, carjacking, burglary, malicious wounding as
defined in § 18.2-51, malicious bodily injury to a law-enforcement officer as
defined in § 18.2-51.1, aggravated malicious wounding as defined in §
18.2-51.2, malicious wounding by mob as defined in § 18.2-41, or abduction. Violation of
this section shall constitute constitutes a separate and
distinct felony and any person found guilty thereof shall be sentenced to a
mandatory minimum term of imprisonment of
three four
years for a first conviction,
and to a mandatory minimum term of five six years for a second or
subsequent conviction under the provisions of this section. Such punishment
shall be separate and apart from, and shall be made to run consecutively with,
any punishment received for the commission of the primary felony.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $1,162,299 for periods of imprisonment in state adult correctional facilities and cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.