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1996 SESSION
966959739Patrons-- Schrock, Barry, Benedetti, Bolling, Earley, Martin, Potts, Quayle and Williams; Delegates: Bryant, Drake, Howell, McDonnell, Wardrup and Weatherholtz
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.
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, voluntary manslaughter,
rape, forcible sodomy, inanimate or animate object sexual penetration as
defined in § 18.2-67.2, robbery, carjacking, burglary, malicious [
or unlawful ] 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 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