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- Subject Index: Since 1995
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2019 SESSION
19100125DPatrons-- Fowler, Adams, D.M., Brewer, Carr, Edmunds, Fariss, Gooditis, Herring, Hurst, Kory, McGuire, Morefield, Mullin, Reid, Rodman, Roem, Simon, Turpin, Webert and Wright; Senators: Black, Chase, Dance, Edwards, Peake and Ruff
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 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, or the killing
or injuring of a police animal in violation of § 18.2-144.1.
Violation of this section shall constitute a separate and distinct felony, and any person found guilty
thereof shall be sentenced to a mandatory minimum term of imprisonment of three
years for a first conviction, and to
a mandatory minimum term of five 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 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 2 of the Acts of Assembly of 2018, Special Session I, requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.