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Developed and maintained by the Division of Legislative Automated Systems.
1995 SESSION
LD6123382Be 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.
It shall be 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 a separate and distinct felony and any person found
guilty thereof shall be sentenced to a term of imprisonment of three
ten years for a first conviction, and for a
term of five years for a second or subsequent conviction under the
provisions of this section. Notwithstanding any other provision of law, the
sentence prescribed for a violation of the provisions of this section shall
not be suspended in whole or in part, nor shall anyone convicted hereunder be
placed on probation. 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 in state correctional facilities. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $37,596,180.