Bill Text: VA HB4018 | 2019 | 1st Special Session | Prefiled


Bill Title: Firearms; use or display when committing a felony, firearm silencer, penalty.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-07-09 - Referred by voice vote with letter to Crime Commission [HB4018 Detail]

Download: Virginia-2019-HB4018-Prefiled.html
19200175D
HOUSE BILL NO. 4018
Offered July 9, 2019
Prefiled July 8, 2019
A BILL to amend and reenact §18.2-53.1 of the Code of Virginia, relating to use or display of firearm in committing felony; firearm silencer; penalty.
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Patron-- Miyares
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Committee Referral Pending
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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 or display 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 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. An additional two-year mandatory minimum term of imprisonment shall be imposed if such weapon is equipped with a firearm silencer at the time of the offense. 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. For the purposes of this section, "firearm silencer" means any device for silencing, muffling, or diminishing the report of a firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating such device.

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 854 of the Acts of Assembly of 2019 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.

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