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2013 SESSION
13100098DBe 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, display, or discharge of firearm in committing felony.
A. 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 eight 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.
B. Any person who violates subsection A and who discharges a pistol, shotgun, rifle, or other firearm during the commission of the offense shall be sentenced to a mandatory minimum term of imprisonment of three years. Such punishment shall be made to run consecutively with any punishment received for the commission of a violation of subsection A.
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 $4,523,081 for periods of imprisonment in state adult correctional facilities and is $0 for periods of commitment to the custody of the Department of Juvenile Justice.