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 $5,526,449 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.