HB 1175

            
2020 SESSION

20103589D

HOUSE BILL NO. 1175


Offered January 8, 2020


Prefiled January 7, 2020

A BILL to amend and reenact � 18.2-53.1 of the Code of 
 Virginia, relating to use or display of a firearm in committing felony; 
 penalty.
----------

Patron-- Poindexter

----------

Referred to Committee on Public Safety

----------
 
 
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; 
 penalty.
 
 
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 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 
 $3,595,290 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.