Bill > H3559

This bill, concerning minimum mandatory sentencing when a firearm is used in the commission of a felony, amends existing law to establish stricter penalties for individuals who possess and use certain weapons, including firearms and destructive devices, while committing a felony. A "destructive device" is broadly defined to include various explosive or incendiary devices, while a "firearm" encompasses a range of weapons like rifles, shotguns, and machine guns as defined by other laws. "Possession" is clarified to mean knowingly carrying or having control of such a device with the intent to use it during a felony. The bill mandates a minimum of 10 years imprisonment for possessing and using such a device during a felony, increases to a minimum of 20 years if the device is discharged, and further escalates to a minimum of 25 years if the discharge results in death or serious bodily injury. Importantly, these mandatory sentences cannot be reduced, suspended, or eligible for probation, parole, or good conduct deductions until the minimum term is served, with limited exceptions for temporary releases for specific emergencies. The bill also requires explanations to be filed if a mandatory minimum penalty is not imposed and restricts the ability to place charges on file or grant probation for individuals aged 17 and over charged under this section.