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1996 SESSION
963479360Be 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 Any person found guilty thereof
violating the provisions of this
section shall be sentenced to a term of
imprisonment of three five years for a first conviction,
and for a term of five eight 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 $8,468,580.