13104019D
HOUSE BILL NO. 2235
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee for Courts of Justice
on January 25, 2013)
(Patron Prior to Substitute--Delegate Lingamfelter)
A BILL to amend and reenact §18.2-53.1 of the Code of Virginia,
relating to use, display, or discharge of firearm in committing felony;
penalty.
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, display, or discharge 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 four
years for a first conviction, and to a mandatory minimum term of five
six 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, the estimated amount of the necessary appropriation is
$1,375,113 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.
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