The Democrat-controlled Senate sustained Governor Tim Kaine's veto of legislation expanding the death penalty to certain murder accomplices.

The Republican-dominated House of Delegates voted 77 to 23 to override the veto, but Friday's vote in the Senate was only 24 to 16, three votes shy of the two-thirds majority required to override.

Virginia's so-called triggerman rule allows the death penalty for only the person directly responsible for a killing. There are exceptions for murders for hire, hits ordered by drug dealers and killings that result from a terrorist plot.

The legislation would have allowed the death penalty for any accomplice who shared the primary killer's intent to kill.

The Democratic governor said he doesn't believe further expansion of capital punishment is necessary.