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.
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 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 at least $6,126,412 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.