Virginia Senate Bill SB221

Virginia 2024 Regular Session

• Introduced: 1/8/24
• Refer: 1/8/24

Caption

Firearms; use, display, or concealment in committing certain felonies, penalty.

Impact

The enactment of SB221 will lead to an increase in the minimum mandatory sentences for individuals convicted of using firearms during the commission of these felonies. A first conviction will carry a minimum sentence of five years, while subsequent convictions will increase the minimum to ten years. This change reflects a stricter approach toward accountability for firearm use in committing violent crimes and aims to strengthen law enforcement's ability to penalize repeat offenders. The implications include a potential rise in the prison population, as indicated by the estimated appropriations needed to accommodate increased periods of incarceration.

Summary

SB221 amends Virginia's Code §18.2-53.1 regarding the use, display, or concealment of firearms during the commission of certain felonies. With this amendment, it becomes illegal for a person to use or attempt to use a firearm, display it threateningly, or hide it during the commission of specified violent crimes such as murder, rape, robbery, and abduction. The bill establishes that any violation under this provision constitutes a separate felony. The intent behind this amendment is to enhance penalties and deter individuals from using firearms while committing serious crimes, thereby ensuring greater public safety.

Contention

The bill has raised concerns among some legislative members regarding the impact of mandatory sentencing on prison overcrowding and the overall effectiveness of such measures in reducing crime rates. Critics argue that while the intention is to enhance public safety, these strict penalties may not address the root causes of violent behavior associated with firearm usage. Additionally, there are discussions on how mandatory sentences could disproportionately affect certain demographics and lead to heightened disparities within the criminal justice system.