HB 322

Abstract

In 1994 the 137th General Assembly created the crime of Possession of a Firearm During the Commission of a Felony. In the intervening decades, the length of the minimum required sentence of 3 years and 5 years for defendants with 2 prior felonies has not changed. Instead, in 2019 the 150th General Assembly removed the requirement of consecutive sentences and removed the prohibition on suspending portions of the sentence and earned good time. Felony offenses committed with firearms are some of the most dangerous and violent crimes that can be committed by criminals. The trend of leniency is not commensurate with the seriousness of the offense, nor does it adequately protect victims of crime. This Act increases the minimum penalty to 5 years and to 10 years for defendants with 2 prior felonies. This Act also restores the requirements that defendants be sentenced consecutively and prohibits suspension of the sentence. This Act is intended to enhance public safety by appropriately punishing criminal use of firearms.