The Senate has voted to expand the death penalty to those who assist in a murder but don't do the actual killing and to those who kill certain fire marshals while they are on duty.

Sen. Mark Obenshain's bill would expand Virginia's "Triggerman rule," which reserves capital punishment for the person who actually does the killing. It passed 24-16, three votes shy of the two-thirds majority needed to overturn a likely veto.

Kaine has vetoed the bill the last two years and has indicated he would do so again.

Sen. Steve Martin's bill would add fire marshals and assistant fire marshals to the long list of law enforcement officers for which killing them in their line of duty is punishable by death. It passed 29-11.