State Sen. Mark Obenshain (R-26th) has submitted a bill that could increase the number of criminal cases eligible for the death penalty.

The bill would re-define the "triggerman" rule.

Currently, only people that actually commit a murder are eligible for the death penalty.

There are three exceptions including cases of murder-for-hire, murder involving a continuing criminal enterprise and terrorism.

This bill would make accessories to the crime eligible for the death penalty if they have the same intent to kill as the "triggerman."

"[There are a] very small handful of cases in which this rule would apply. And, it is absolutely not going to open the floodgates," says Obenshain.

"Eliminating the 'triggerman' rule is unnecessary, and it's excessive. It's not going to make the citizens of Virginia any safer. And, it's going to exacerbate the already arbitrary application of the death penalty in Virginia on the basis of race and geography," says Beth Panilaitis, executive director of Virginians for Alternatives to the Death Penalty.

The bill has passed the General Assembly before several times and later been vetoed. Obenshain believes Gov.-elect Bob McDonnell (R) will support the bill.