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2017 SESSION
17102367DBe 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
five years for a first
conviction, and to a mandatory minimum
term of five 10 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 $4,175,024 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.