EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0544*
HOUSE BILL 544
E1 5lr2321
HB 488/18 – JUD
By: Delegate Moon
Introduced and read first time: January 22, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Criminal Law – Third–Degree Assault 2
FOR the purpose of establishing that it is a misdemeanor to intentionally cause offensive 3
contact, engage in conduct tending to put another in fear of offensive contact, or 4
attempt to cause offensive contact; altering a certain list of convictions that are 5
eligible for expungement under certain circumstances; and generally relating to 6
assault. 7
BY adding to 8
Article – Criminal Law 9
Section 3–203.1 10
Annotated Code of Maryland 11
(2021 Replacement Volume and 2024 Supplement) 12
BY repealing and reenacting, with amendments, 13
Article – Criminal Law 14
Section 3–206 and 3–209 15
Annotated Code of Maryland 16
(2021 Replacement Volume and 2024 Supplement) 17
BY repealing and reenacting, with amendments, 18
Article – Courts and Judicial Proceedings 19
Section 4–301(b) and 4–302(d) 20
Annotated Code of Maryland 21
(2020 Replacement Volume and 2024 Supplement) 22
BY repealing and reenacting, with amendments, 23
Article – Criminal Procedure 24
Section 10–110(a)(1) and (c)(2) 25
Annotated Code of Maryland 26
(2018 Replacement Volume and 2024 Supplement) 27 2 HOUSE BILL 544
BY repealing and reenacting, without amendments, 1
Article – Criminal Procedure 2
Section 10–110(c)(1) 3
Annotated Code of Maryland 4
(2018 Replacement Volume and 2024 Supplement) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7
Article – Criminal Law 8
3–203.1. 9
(A) (1) IN THIS SECTION , “OFFENSIVE CONTACT ” MEANS 10
NONCONSENSUAL PHYSIC AL CONTACT THAT A RE ASONABLE PERSON WOUL D FIND 11
TO BE OFFENSIVE . 12
(2) “OFFENSIVE CONTACT ” DOES NOT INCLUDE : 13
(I) CONTACT THAT RESULTS IN PHYSICAL INJURY ; 14
(II) CONTACT THAT CAUSES A RISK OF SERIOUS PH YSICAL 15
INJURY; 16
(III) A DOMESTICALLY RELAT ED CRIME, AS DEFINED IN § 6–233 17
OF THE CRIMINAL PROCEDURE ARTICLE; OR 18
(IV) A SEXUAL CRIME UNDER SUBTITLE 3 OF THIS TITLE. 19
(B) A PERSON MAY NOT : 20
(1) INTENTIONALLY CAUSE OFFENSIVE CONTACT ; 21
(2) ENGAGE IN CONDUCT IN TENDING TO PUT ANOTH ER IN FEAR OF 22
OFFENSIVE CONTACT ; OR 23
(3) ATTEMPT TO CAUSE OFFENSIVE CONTACT . 24
(C) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF THE 25
MISDEMEANOR OF ASSAU LT IN THE THIRD DEGR EE AND ON CONVICTION IS SUBJECT 26
TO IMPRISONMENT NOT EXCEEDING 90 DAYS OR A FINE NOT E XCEEDING $500 OR 27
BOTH. 28
HOUSE BILL 544 3
3–206. 1
(a) An indictment, information, other charging document, or warrant for a crime 2
described in § 3–202, § 3–203, or § 3–205 of this subtitle is sufficient if it substantially 3
states: 4
“(name of defendant) on (date) in (county) assaulted (name of victim) in the........ 5
degree or (describe other violation) in violation of (section violated) against the peace, 6
government, and dignity of the State.”. 7
(b) If the general form of indictment or information described in subsection (a) of 8
this section is used to charge a crime described in § 3–202, § 3–203, or § 3–205 of this 9
subtitle in a case in the circuit court, the defendant, on timely demand, is entitled to a bill 10
of particulars. 11
(c) A charge of assault in the first degree also charges a defendant with assault 12
in the second degree. 13
(D) (1) UNLESS SPECIFICALLY C HARGED BY THE STATE, ASSAULT IN THE 14
THIRD DEGREE UNDER § 3–203.1 OF THIS SUBTITLE IS NOT A LESSER INCLUDE D 15
CRIME OF ANY OTHER C RIME. 16
(2) A CHARGING DOCUMENT OR WARRANT FOR A CRIME DESCRIBED 17
IN § 3–203.1 OF THIS SUBTITLE IS SUFFICIENT IF IT SUBSTANTIALLY STATES : 18
“(NAME OF DEFENDANT ) ON (DATE) IN (COUNTY) COMMITTED ASSAULT IN THE 19
THIRD DEGREE AGAINST (NAME OF VICTIM ) IN VIOLATION OF § 3–203.1 OF THE 20
CRIMINAL LAW ARTICLE AGAINST THE P EACE, GOVERNMENT , AND DIGNITY OF THE 21
STATE.”. 22
[(d)] (E) (1) To be found guilty of reckless endangerment under § 3–204 of 23
this subtitle, a defendant must be charged specifically with reckless endangerment. 24
(2) A charging document for reckless endangerment under § 3–204 of this 25
subtitle is sufficient if it substantially states: 26
“(name of defendant) on (date) in (county) committed reckless endangerment in 27
violation of § 3–204 of the Criminal Law Article against the peace, government, and dignity 28
of the State.”. 29
(3) If more than one individual is endangered by the conduct of the 30
defendant, a separate charge may be brought for each individual endangered. 31
(4) A charging document containing a charge of reckless endangerment 32
under § 3–204 of this subtitle may: 33
4 HOUSE BILL 544
(i) include a count for each individual endangered by the conduct of 1
the defendant; or 2
(ii) contain a single count based on the conduct of the defendant, 3
regardless of the number of individuals endangered by the conduct of the defendant. 4
(5) If the general form of charging document described in paragraph (2) of 5
this subsection is used to charge reckless endangerment under § 3–204 of this subtitle in a 6
case in the circuit court, the defendant, on timely demand, is entitled to a bill of particulars. 7
3–209. 8
(a) Subject to [subsection] SUBSECTIONS (b) AND (C) of this section, a person 9
charged with a crime under § 3–202, § 3–203, § 3–203.1, § 3–204, or § 3–205 of this subtitle 10
may assert any judicially recognized defense. 11
(b) The discovery or perception of, or belief about, another person’s race, color, 12
national origin, sex, gender identity, sexual orientation, religious beliefs, or disability, 13
whether or not accurate, is not a defense to the crime of assault in any degree. 14
(C) A PHYSICAL INJURY OF A VICTIM RESULTING FROM A VIOLATION OF § 15
3–203.1 OF THIS SUBTITLE IS NOT A DEFENSE TO A C HARGE UNDER § 3–203.1 OF 16
THIS SUBTITLE. 17
Article – Courts and Judicial Proceedings 18
4–301. 19
(b) Except as provided in § 4–302 of this subtitle, the District Court also has 20
exclusive original jurisdiction in a criminal case in which a person at least 18 years old or 21
a corporation is charged with: 22
(1) Commission of a common–law or statutory misdemeanor regardless of 23
the amount of money or value of the property involved; 24
(2) Violation of § 7–104, § 7–105, § 7–107, or § 7–108 of the Criminal Law 25
Article, whether a felony or a misdemeanor; 26
(3) Violation of a county, municipal, or other ordinance, if the violation is 27
not a felony; 28
(4) Criminal violation of a State, county, or municipal rule or regulation, if 29
the violation is not a felony; 30
(5) Doing or omitting to do any act made punishable by a fine, 31
imprisonment, or other penalty as provided by the particular law, ordinance, rule, or 32
regulation defining the violation if the violation is not a felony; 33 HOUSE BILL 544 5
(6) Violation of § 8–103 of the Criminal Law Article, whether a felony or a 1
misdemeanor; 2
(7) Violation of § 8–203, § 8–204, § 8–205, § 8–206, § 8–207, § 8–208, or § 3
8–209 of the Criminal Law Article, whether a felony or misdemeanor; 4
(8) Forgery or violation of Title 8, Subtitle 6 of the Criminal Law Article, 5
whether a felony or misdemeanor; 6
(9) Violation of Title 27, Subtitle 4 of the Insurance Article, whether a 7
felony or a misdemeanor; 8
(10) Violation of § 9–1106 of the Labor and Employment Article; 9
(11) Violation of § 8–301 of the Criminal Law Article, whether a felony or 10
misdemeanor; 11
(12) Violation of § 2–209 of the Criminal Law Article; 12
(13) Violation of Title 2, Subtitle 5 of the Criminal Law Article; 13
(14) Violation of Title 11, Subtitle 5 of the Financial Institutions Article; 14
(15) Violation of § 10–604, § 10–605, § 10–606, § 10–607, § 10–607.1, or § 15
10–608 of the Criminal Law Article, whether a felony or misdemeanor; 16
(16) Violation of Title 7, Subtitle 3, Part III of the Criminal Law Article, 17
whether a felony or misdemeanor; 18
(17) Violation of § 20–102 of the Transportation Article, whether a felony or 19
misdemeanor; 20
(18) Violation of § 8–801 of the Criminal Law Article; 21
(19) Violation of § 8–604 of the Criminal Law Article; 22
(20) Violation of Title 8, Subtitle 2, Part II of the Criminal Law Article; 23
(21) Violation of § 16–801, § 16–802, § 16–803, or § 16–804 of the Election 24
Law Article; 25
(22) Violation of § 3–203(c) of the Criminal Law Article; 26
(23) Violation of § 11–208 of the Criminal Law Article as a second or 27
subsequent offense; 28
6 HOUSE BILL 544
(24) Violation of § 11–721 of the Criminal Procedure Article as a second or 1
subsequent offense; [or] 2
(25) Violation of § 3–1102(b) or § 3–1103 of the Criminal Law Article; OR 3
(26) VIOLATION OF § 3–203.1 OF THE CRIMINAL LAW ARTICLE. 4
4–302. 5
(d) (1) Except as provided in paragraph (2) of this subsection, the jurisdiction 6
of the District Court is concurrent with that of the circuit court in a criminal case: 7
(i) In which the penalty may be confinement for 3 years or more or 8
a fine of $2,500 or more; or 9
(ii) That is a felony, as provided in § 4–301(b)(2), (6), (7), (8), (9), (10), 10
(11), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), and (25) of this 11
subtitle. 12
(2) (i) Except as provided in subparagraph (ii) of this paragraph, a 13
circuit court does not have jurisdiction to try a case charging a violation of § 3–203.1, § 14
5–601, or § 5–620 of the Criminal Law Article. 15
(ii) A circuit court does have jurisdiction to try a case charging a 16
violation of § 3–203.1, § 5–601, or § 5–620 of the Criminal Law Article if the defendant: 17
1. Properly demands a jury trial; 18
2. Appeals as provided by law from a final judgment entered 19
in the District Court; or 20
3. Is charged with another offense arising out of the same 21
circumstances that is within a circuit court’s jurisdiction. 22
Article – Criminal Procedure 23
10–110. 24
(a) A person may file a petition listing relevant facts for expungement of a police 25
record, court record, or other record maintained by the State or a political subdivision of 26
the State if the person is convicted of: 27
(1) a misdemeanor that is a violation of: 28
(i) § 6–320 of the Alcoholic Beverages and Cannabis Article; 29
HOUSE BILL 544 7
(ii) an offense listed in § 17–613(a) of the Business Occupations and 1
Professions Article; 2
(iii) § 5–712, § 19–304, § 19–308, or Title 5, Subtitle 6 or Subtitle 9 of 3
the Business Regulation Article; 4
(iv) § 3–1508 or § 10–402 of the Courts Article; 5
(v) § 14–1915, § 14–2902, or § 14–2903 of the Commercial Law 6
Article; 7
(vi) § 5–211 of this article; 8
(vii) [§ 3–203] § 3–203.1 or § 3–808 of the Criminal Law Article; 9
(viii) § 5–601 not involving the use or possession of cannabis, § 10
5–602(b)(1), § 5–618, § 5–619, § 5–620, § 5–703, § 5–708, or § 5–902 of the Criminal Law 11
Article; 12
(ix) § 6–105, § 6–108, § 6–205 (fourth degree burglary), § 6–206, § 13
6–301, § 6–303, § 6–306, § 6–307, § 6–402, or § 6–503 of the Criminal Law Article; 14
(x) § 7–104, § 7–203, § 7–205, § 7–304, § 7–308, or § 7–309 of the 15
Criminal Law Article; 16
(xi) § 8–103, § 8–206, § 8–401, § 8–402, § 8–404, § 8–406, § 8–408, § 17
8–503, § 8–521, § 8–523, or § 8–904 of the Criminal Law Article; 18
(xii) § 9–204, § 9–205, § 9–503, or § 9–506 of the Criminal Law Article; 19
(xiii) § 10–110, § 10–201, § 10–402, § 10–404, or § 10–502 of the 20
Criminal Law Article; 21
(xiv) § 11–303, § 11–306, or § 11–307 of the Criminal Law Article; 22
(xv) § 12–102, § 12–103, § 12–104, § 12–105, § 12–109, § 12–203, § 23
12–204, § 12–205, or § 12–302 of the Criminal Law Article; 24
(xvi) § 13–401, § 13–602, or § 16–201 of the Election Law Article; 25
(xvii) [§ 4–509 of the Family Law Article; 26
(xviii)] § 18–215 of the Health – General Article; 27
[(xix)] (XVIII) § 4–411 or § 4–2005 of the Housing and Community 28
Development Article; 29
8 HOUSE BILL 544
[(xx)] (XIX) § 27–403, § 27–404, § 27–405, § 27–406, § 27–406.1, § 1
27–407, § 27–407.1, or § 27–407.2 of the Insurance Article; 2
[(xxi)] (XX) § 8–725.4, § 8–725.5, § 8–725.6, § 8–725.7, § 8–726, § 3
8–726.1, § 8–727.1, or § 8–738.2 of the Natural Resources Article or any prohibited act 4
related to speed limits for personal watercraft; 5
[(xxii)] (XXI) § 10–301, § 10–306, § 10–308.1, § 10–413(e)(1), § 6
10–418, § 10–502, § 10–611, or § 10–907(a) of the Natural Resources Article; 7
[(xxiii)] (XXII) § 5–307, § 5–308, § 6–602, § 7–402, or § 14–114 of 8
the Public Safety Article; 9
[(xxiv)] (XXIII) § 7–318.1, § 7–509, or § 10–507 of the Real Property 10
Article; 11
[(xxv)] (XXIV) § 9–124 of the State Government Article; 12
[(xxvi)] (XXV) § 13–1001, § 13–1004, § 13–1007, or § 13–1024 of 13
the Tax – General Article; 14
[(xxvii)] (XXVI) § 16–303 of the Transportation Article; or 15
[(xxviii)] (XXVII) the common law offenses of affray, rioting, criminal 16
contempt, battery, or hindering; 17
(c) (1) Except as otherwise provided in this subsection, a petition for 18
expungement under this section may not be filed earlier than 5 years after the person 19
satisfies the sentence or sentences imposed for all convictions for which expungement is 20
requested, including parole, probation, or mandatory supervision. 21
(2) A petition for expungement for a violation of [§ 3–203 of the Criminal 22
Law Article or] common law battery may not be filed earlier than 7 years after the person 23
satisfies the sentence or sentences imposed for all convictions for which expungement is 24
requested, including parole, probation, or mandatory supervision. 25
SECTION 2. AND BE IT FU RTHER ENACTED, That this Act shall take effect 26
October 1, 2025. 27