Bill Text: VA SB4005 | 2019 | 1st Special Session | Prefiled


Bill Title: Firearms; concealment while committing certain felonies, penalty.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-07-09 - Passed by indefinitely in Courts of Justice with letter (9-Y 6-N) [SB4005 Detail]

Download: Virginia-2019-SB4005-Prefiled.html
19200126D
SENATE BILL NO. 4005
Offered July 9, 2019
Prefiled July 7, 2019
A BILL to amend and reenact §18.2-53.1 of the Code of Virginia, relating to concealment of firearm in committing felony; penalty.
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Patron-- DeSteph
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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 concealment of firearm in committing felony; penalty.

It shall be is unlawful for any person to use or attempt to use any pistol, shotgun, rifle, or other firearm, or to display such weapon in a threatening manner, or to carry about his person such weapon that is hidden from common observation, 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. 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 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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