BY WESLEY P. HESTER

The House of Delegates has given a preliminary approval to legislation that would expand the state’s death penalty to include people involved in a capital murder who do not actually commit the killing.

House Bill 389, sponsored by C. Todd Gilbert, R-Shenandoah, would redefine the state’s so-called “triggerman rule” by making accessories and principals in the second degree eligible for capital punishment if they are determined to have the same intent to kill as the actual killer.

Currently, participants in the second degree can only be deemed death-penalty eligible in cases of murder for hire, terrorism or organized crime.

Gilbert called the existing rule an “unnecessary restriction,” declaring: “This rule has had its time. It’s time to repeal it.”

Del. Joseph D. Morrissey, D-Henrico, argues that the bill would likely result in more people being wrongfully convicted of capital murder.

“We do get it wrong,” he said. “You can never go back and measure in intent, and there will be more mistakes if we pass this.”

Added Morrissey: “This bill allows someone to be executed even if they’re not at the scene of the murder.”

Gilbert countered that Osama bin Laden was nowhere near the Twin Towers on Sept. 11, 2001, but everyone understood he was responsible for the terrorist attacks.   

A similar measure died in the Senate after failing to advance out of the Senate Courts of Justice committee on a 7-7 party line vote.

Gilbert’s bill, which advanced to final reading Monday on a voice vote, would need to clear the same committee in order to become law.

Republican Attorney General Ken Cuccinelli opposes the legislation.