Triggerman rule; redefinition thereof, penalty. (HB2358)

Introduced By

Del. Todd Gilbert (R-Woodstock) with support from co-patrons Del. Clay Athey (R-Front Royal), Del. Scott Lingamfelter (R-Woodbridge), Del. Jimmie Massie (R-Richmond), Del. Charles Poindexter (R-Glade Hill), and Del. Beverly Sherwood (R-Winchester)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Criminal law; redefinition of the triggerman rule. Redefines the "triggerman rule," which currently provides that only the actual perpetrator of a capital murder is eligible for the death penalty and that accessories and principals in the second degree can be punished only as if guilty of first degree murder. This bill allows principals in the second degree and accessories before the fact to be charged as principals in the first degree in the cases of murder for hire, murder involving a continuing criminal enterprise, and terrorism. This bill allows, in all other cases of capital murder, a principal in the second degree to be tried as a principal in the first degree if he had the same intent to kill as the principal in the first degree. The bill allows an accessory before the fact to be tried as a principal in the first degree if he ordered or directed the willful, deliberate, and premeditated killing. Read the Bill »


Bill Has Failed


01/14/2009Prefiled and ordered printed; offered 01/14/09 090535516
01/14/2009Referred to Committee for Courts of Justice
01/15/2009Impact statement from VCSC (HB2358)
01/20/2009Assigned Courts sub: Criminal
01/20/2009Impact statement from DPB (HB2358)
01/29/2009Subcommittee recommends reporting
02/04/2009Reported from Courts of Justice (18-Y 4-N) (see vote tally)
02/06/2009Read first time
02/08/2009Passed by for the day
02/09/2009Read second time and engrossed (77-Y 21-N)
02/09/2009VOTE: --- ENGROSSMENT (77-Y 21-N) (see vote tally)
02/10/2009Read third time and passed House (73-Y 25-N)
02/10/2009VOTE: --- PASSAGE (73-Y 25-N) (see vote tally)
02/11/2009Constitutional reading dispensed
02/11/2009Referred to Committee for Courts of Justice
02/16/2009Reported from Courts of Justice with amendments (9-Y 5-N) (see vote tally)
02/17/2009Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/18/2009Passed by for the day
02/19/2009Read third time
02/19/2009Reading of amendments waived
02/19/2009Committee amendments agreed to
02/19/2009Engrossed by Senate as amended
02/19/2009Passed Senate with amendments (24-Y 16-N) (see vote tally)
02/19/2009Reconsideration of Senate passage agreed to by Senate (40-Y 0-N) (see vote tally)
02/19/2009Passed by for the day
02/20/2009Passed by for the day
02/23/2009Passed by for the day
02/24/2009Read third time
02/24/2009Engrossed by Senate as amended
02/24/2009Passed Senate with amendments (24-Y 13-N) (see vote tally)
02/25/2009Placed on Calendar
02/26/2009Senate amendments agreed to by House (75-Y 21-N)
02/26/2009VOTE: --- ADOPTION (75-Y 21-N) (see vote tally)
03/09/2009Bill text as passed House and Senate (HB2358ER)
03/10/2009Signed by President
03/11/2009Signed by Speaker
03/12/2009Impact statement from DPB (HB2358ER)
03/30/2009G Vetoed by Governor
04/07/2009Placed on Calendar
04/08/2009Governor's veto overridden (69-Y 30-N)
04/08/2009Governor's veto overridden
04/08/2009VOTE: --- OVERRIDE GOVERNOR'S VETO (69-Y 30-N) (see vote tally)
04/08/2009Motion to pass in enrolled form rejected (24-Y 16-N) (see vote tally)


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 9 minutes.