Sourcebook of Criminal Justice Statistics, 1983 - Bureau of Justice ...

------------Sourcebook of Criminal Justice Statistics 1983Characteristics of the Criminal Justice SystemsTable 1.71 Statutory provisions for ~entence enhancements for use and possession of afirearm or other deadly weapon, by State, as of May 1981--ContinuedStateSentence enhancementNebraska3 to 10 years additional cNevadaTerm of i01grisonment equal to and in addition to term for crimecommittedNew Hampshire Mandatory minimum with no parole or probation cNew Jersey Possession of deadly weapon other than firearm or explosiveduring commission of felony is 3rd degree offensePosse5sion of firearm or explosives dL1ring cOllTTlission of felonyis punishable as 2nd degree: offense, sentence to run concurrentlyor consecutively within discretion of courtNew Mexico i'bn-capita! felony: basic sentence prescribed increased by I year,ilcn-suspendable; 2nd conviction: 3 years increose non-suspendableNew YorkPossession during Closs B offense: 6 to 25 years CPossession during Class C offense: 4.5 to 15 years C(\brth Carolina Use of firearm while committing felony: 7 year minimum if prior felon(\brth Dakota During Class A or B felony: the minimum or a 4 year term must beimposed, non-suspendable; .During Class C felony: 2 year minimum'Ohio(\b specific provisionOklahoma(\b specific provisionOregon1st conviction: minimum of 5 y(1ars~ .2nd conviction: minimum of 10 )Iear~3rd conviction: minimum of 30 yearsPennsylvania Additional term up to 5 years which may run concurrently orconsecutively within discretion of courtRhode Island 1st conviction: term not less than 2 years nor greater thar, IU years;C2nd conviction: 5 to 20 years;C3rd corNictlon: 10 years to life term cSouth Carolina 1st conviction: additional term of imll[lsonment not greater thmI year or a fine of $1,000, or both;2nd conviction: additional term of imprisonment not greater than 2 years;k3rd and subsequent c9{'viction: additional term of imprisonment notgreater than 5 yearsSouth Dakota 1st conviction: 3rd class felony, penalty il"posed is consecutiveto sentence imposed for principal felony;2nd or subsequent conviction: treat as 1st class felony;1Concealment of weapon with intent to commit felony is Closs 5 felonylTennesseePossession of firearm: 2 to 5 years consecutive with sentence forprincipal offense;Use of firearm:1st conviction: 5 years, non-suspendoble;2nd conviction: 10 years, non-suspendableTexasPenalty imposed is for next higher offense than principal offense cUtahPossession durh:!) 1st and 2nd degree felonies: I to 5 years;Possession during 3rd degree felony: 5 to 15 years;Prior conviction: 5 to 15 yearsVermont(\b specific provisionsVirginia1st conviction: use or display constitutes Class 6 felony, I to5 years andlor $1,000 fineWashington1st conviction: 5 year mandatory minimum, non-suspendable;c2nd conviction: 7.5 years mandatory minimum, non-suspendablei c3rd convic,)on: IS year minimum, non-suspendable cWest Virginia Offender must serve at least 3 years or maximum term imposed,whichever is less, before becoming eligible for porole conslderation cWisconsinClass A: up to life, additional term up to 5 years CClass B: up to 20 years, additional term up to 5 years CClass C: up to 10 years, additional term up to 5 yeartClass 0: up to 5 years, additional term up to 4 yeorsCloss E: up to 2 years, additional term up to 3 years CWyoming1st conviction: additional term of imprisonment up to 10 yearsh;________ 2nd conviction: additional term of imprisonment up to 20 yearsFootnotes follow on next page.162~IiI/I~~II11I',Table 1.71 Statutory provisions for sentence enhancements for us", and possession of afirearm or other deadly weapon, by State, as of May 1981--ContlnuedGApplies to first offenders Involved InClaas be offense.cApplies to deadly weapons.~lIe$ to firearms.Applies If offender convicted ofprevloj' felony within last 10 years.Applies to certain weapons, asspeclfr.d•Applies to use of handgun; consideredl:eporfe offense.Applies to possession of deadly weapon,163Including flreorm, during commission of afelonYI\I Applies to use of dangerous weapon.Applies to ulle of dangerous weaponwhile jcommlttlng affer-se.I/'fplles to us!: or threat to use firearm.Applies to possession of firearm duringcomm~slan m a felony.Applies to possession of firearm otherthan IW,chlne gun or short shotgun.Applies to possession of firearm.