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2023 SESSION
23105395DBe 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.
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 years for a first conviction,
and to a mandatory minimum term of five 10 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 is $48,346 for periods of imprisonment in state adult correctional facilities and cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.