13100098D
HOUSE BILL NO. 2235
Offered January 13, 2013
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.
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Patron-- Lingamfelter
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Referred to Committee for Courts of Justice
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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.
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.
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