Maryland 2025 Regular Session

Maryland Senate Bill SB873 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
4	4		[Brackets] indicate matter deleted from existing law.
5		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		sb0873
9	6
10	7		SENATE BILL 873
11	8		E1, E2 5lr3233
12	9		HB 488/18 – JUD
13	10		By: Senator Smith
14	11		Introduced and read first time: January 28, 2025
15	12		Assigned to: Judicial Proceedings
16		-	Committee Report: Favorable with amendments
17		-	Senate action: Adopted
18		-	Read second time: February 27, 2025
19	13
20		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
21	15
22	16		AN ACT concerning 1
23	17
24		-	Criminal Law – Workgroup to Study Adoption of a Statute for Assault in the 2
25		-	Third Degree 3
	18	+	Criminal Law – Assault in the Third Degree 2
26	19
27		-	FOR the purpose of establishing that it is a misdemeanor to intentionally cause offensive 4
28		-	contact, engage in conduct intending to put another in fear of offensive contact, or 5
29		-	attempt to cause offensive contact; providing that assault in the third degree is not 6
30		-	a lesser included crime of any other crime, with a certain exception; providing that a 7
31		-	person charged with assault in the third degree may assert any judicially recognized 8
32		-	defense, with a certain exception; providing that physical injury of a certain victim 9
33		-	is not a defense to a charge of assault in the third degree; establishing that the 10
34		-	District Court has exclusive original jurisdiction in a criminal case in which a certain 11
35		-	person is charged with assault in the third degree; providing that the circuit court 12
36		-	has jurisdiction to try a case charging a violation of a certain statute under certain 13
37		-	circumstances; repealing assault in the second degree and a violation of a protective 14
38		-	order from and adding assault in the third degree to the list of convictions that are 15
39		-	eligible for expungement under certain circumstances; and generally relating to 16
40		-	assault the Workgroup to Study Adoption of a Statute for Assault in the Third 17
41		-	Degree; and generally relating to the Workgroup to Study Adoption of a Statute for 18
42		-	Assault in the Third Degree. 19
	20	+	FOR the purpose of establishing that it is a misdemeanor to intentionally cause offensive 3
	21	+	contact, engage in conduct intending to put another in fear of offensive contact, or 4
	22	+	attempt to cause offensive contact; providing that assault in the third degree is not 5
	23	+	a lesser included crime of any other crime, with a certain exception; providing that a 6
	24	+	person charged with assault in the third degree may assert any judicially recognized 7
	25	+	defense, with a certain exception; providing that physical injury of a certain victim 8
	26	+	is not a defense to a charge of assault in the third degree; establishing that the 9
	27	+	District Court has exclusive original jurisdiction in a criminal case in which a certain 10
	28	+	person is charged with assault in the third degree; providing that the circuit court 11
	29	+	has jurisdiction to try a case charging a violation of a certain statute under certain 12
	30	+	circumstances; repealing assault in the second degree and a violation of a protective 13
	31	+	order from and adding assault in the third degree to the list of convictions that are 14
	32	+	eligible for expungement under certain circumstances; and generally relating to 15
	33	+	assault. 16
43	34
44		-	BY adding to 20
45		-	Article – Criminal Law 21
46		-	Section 3–203.1 22
47		-	Annotated Code of Maryland 23
48		-	(2021 Replacement Volume and 2024 Supplement) 24 2 SENATE BILL 873
	35	+	BY adding to 17
	36	+	Article – Criminal Law 18
	37	+	Section 3–203.1 19
	38	+	Annotated Code of Maryland 20
	39	+	(2021 Replacement Volume and 2024 Supplement) 21
	40	+
	41	+	BY repealing and reenacting, with amendments, 22
	42	+	Article – Criminal Law 23
	43	+	Section 3–206 and 3–209 24
	44	+	Annotated Code of Maryland 25
	45	+	(2021 Replacement Volume and 2024 Supplement) 26
	46	+
	47	+	BY repealing and reenacting, with amendments, 27
	48	+	Article – Courts and Judicial Proceedings 28 2 SENATE BILL 873
	49	+
	50	+
	51	+	Section 4–301(b) and 4–302(d) 1
	52	+	Annotated Code of Maryland 2
	53	+	(2020 Replacement Volume and 2024 Supplement) 3
	54	+
	55	+	BY repealing and reenacting, with amendments, 4
	56	+	Article – Criminal Procedure 5
	57	+	Section 10–110(a) and (c) 6
	58	+	Annotated Code of Maryland 7
	59	+	(2018 Replacement Volume and 2024 Supplement) 8
	60	+
	61	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9
	62	+	That the Laws of Maryland read as follows: 10
	63	+
	64	+	Article – Criminal Law 11
	65	+
	66	+	3–203.1. 12
	67	+
	68	+	(A) (1) IN THIS SECTION, “OFFENSIVE CONTACT ” MEANS 13
	69	+	NONCONSENSUAL PHYSIC AL CONTACT THAT A RE ASONABLE PERSON WOUL D FIND 14
	70	+	TO BE OFFENSIVE . 15
	71	+
	72	+	(2) “OFFENSIVE CONTACT ” DOES NOT INCLUDE : 16
	73	+
	74	+	(I) CONTACT THAT RESULTS IN PHYSICAL INJURY ; 17
	75	+
	76	+	(II) CONTACT THAT CAUSES A RISK OF SERI OUS PHYSICAL 18
	77	+	INJURY; 19
	78	+
	79	+	(III) A DOMESTICALLY RELAT ED CRIME, AS DEFINED IN § 6–233 20
	80	+	OF THE CRIMINAL PROCEDURE ARTICLE; OR 21
	81	+
	82	+	(IV) A SEXUAL CRIME UNDER SUBTITLE 3 OF THIS TITLE. 22
	83	+
	84	+	(B) A PERSON MAY NOT : 23
	85	+
	86	+	(1) INTENTIONALLY CAUSE OFFENSIVE CONTACT ; 24
	87	+
	88	+	(2) ENGAGE IN CONDUCT INTE NDING TO PUT ANOTHER IN FEAR OF 25
	89	+	OFFENSIVE CONTACT ; OR 26
	90	+
	91	+	(3) ATTEMPT TO CAUSE OFF ENSIVE CONTACT . 27
	92	+
	93	+	(C) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF THE 28
	94	+	MISDEMEANOR OF ASSAU LT IN THE THIRD DEGR EE AND ON CONVICTION IS SUBJECT 29 SENATE BILL 873 3
	95	+
	96	+
	97	+	TO IMPRISONMENT NOT EXCEEDING 90 DAYS OR A FINE NOT E XCEEDING $500 OR 1
	98	+	BOTH. 2
	99	+
	100	+	3–206. 3
	101	+
	102	+	(a) An indictment, information, other charging document, or warrant for a crime 4
	103	+	described in § 3–202, § 3–203, or § 3–205 of this subtitle is sufficient if it substantially 5
	104	+	states: 6
	105	+
	106	+	“(name of defendant) on (date) in (county) assaulted (name of victim) in the ........ 7
	107	+	degree or (describe other violation) in violation of (section violated) against the peace, 8
	108	+	government, and dignity of the State.”. 9
	109	+
	110	+	(b) If the general form of indictment or information described in subsection (a) of 10
	111	+	this section is used to charge a crime described in § 3–202, § 3–203, or § 3–205 of this 11
	112	+	subtitle in a case in the circuit court, the defendant, on timely demand, is entitled to a bill 12
	113	+	of particulars. 13
	114	+
	115	+	(c) A charge of assault in the first degree also charges a defendant with assault 14
	116	+	in the second degree. 15
	117	+
	118	+	(d) (1) UNLESS SPECIFICALLY C HARGED BY THE STATE, ASSAULT IN THE 16
	119	+	THIRD DEGREE UNDER § 3–203.1 OF THIS SUBTITLE IS NOT A LESSER INCLUDE D 17
	120	+	CRIME OF ANY OTHER CRIME . 18
	121	+
	122	+	(2) A CHARGING DOCUMENT OR WARRANT FOR A CRIME DESCRIBED 19
	123	+	IN § 3–203.1 OF THIS SUBTITLE IS SUFFICIENT IF IT SUB STANTIALLY STATES : 20
	124	+
	125	+	“(NAME OF DEFENDANT ) ON (DATE) IN (COUNTY) COMMITTED ASSAULT IN THE 21
	126	+	THIRD DEGREE AGAINST (NAME OF VICTIM ) IN VIOLATION OF § 3–203.1 OF THE 22
	127	+	CRIMINAL LAW ARTICLE AGAINST THE P EACE, GOVERNMENT , AND DIGNITY OF THE 23
	128	+	STATE.”. 24
	129	+
	130	+	(E) (1) To be found guilty of reckless endangerment under § 3–204 of this 25
	131	+	subtitle, a defendant must be charged specifically with reckless endangerment. 26
	132	+
	133	+	(2) A charging document for reckless endangerment under § 3–204 of this 27
	134	+	subtitle is sufficient if it substantially states: 28
	135	+
	136	+	“(name of defendant) on (date) in (county) committed reckless endangerment in 29
	137	+	violation of § 3–204 of the Criminal Law Article against the peace, government, and dignity 30
	138	+	of the State.”. 31
	139	+
	140	+	(3) If more than one individual is endangered by the conduct of the 32
	141	+	defendant, a separate charge may be brought for each individual endangered. 33
	142	+	4 SENATE BILL 873
	143	+
	144	+
	145	+	(4) A charging document containing a charge of reckless endangerment 1
	146	+	under § 3–204 of this subtitle may: 2
	147	+
	148	+	(i) include a count for each individual endangered by the conduct of 3
	149	+	the defendant; or 4
	150	+
	151	+	(ii) contain a single count based on the conduct of the defendant, 5
	152	+	regardless of the number of individuals endangered by the conduct of the defendant. 6
	153	+
	154	+	(5) If the general form of charging document described in paragraph (2) of 7
	155	+	this subsection is used to charge reckless endangerment under § 3–204 of this subtitle in a 8
	156	+	case in the circuit court, the defendant, on timely demand, is entitled to a bill of particulars. 9
	157	+
	158	+	3–209. 10
	159	+
	160	+	(a) Subject to [subsection (b)] SUBSECTIONS (B) AND (C) of this section, a person 11
	161	+	charged with a crime under § 3–202, § 3–203, § 3–203.1, § 3–204, or § 3–205 of this subtitle 12
	162	+	may assert any judicially recognized defense. 13
	163	+
	164	+	(b) The discovery or perception of, or belief about, another person’s race, color, 14
	165	+	national origin, sex, gender identity, sexual orientation, religious beliefs, or disability, 15
	166	+	whether or not accurate, is not a defense to the crime of assault in any degree. 16
	167	+
	168	+	(C) A PHYSICAL INJURY OF A VICTIM RESULTING FRO M A VIOLATION OF § 17
	169	+	3–203.1 OF THIS SUBTITLE IS NOT A DEFENSE TO A C HARGE UNDER § 3–203.1 OF 18
	170	+	THIS SUBTITLE. 19
	171	+
	172	+	Article – Courts and Judicial Proceedings 20
	173	+
	174	+	4–301. 21
	175	+
	176	+	(b) Except as provided in § 4–302 of this subtitle, the District Court also has 22
	177	+	exclusive original jurisdiction in a criminal case in which a person at least 18 years old or 23
	178	+	a corporation is charged with: 24
	179	+
	180	+	(1) Commission of a common–law or statutory misdemeanor regardless of 25
	181	+	the amount of money or value of the property involved; 26
	182	+
	183	+	(2) Violation of § 7–104, § 7–105, § 7–107, or § 7–108 of the Criminal Law 27
	184	+	Article, whether a felony or a misdemeanor; 28
	185	+
	186	+	(3) Violation of a county, municipal, or other ordinance, if the violation is 29
	187	+	not a felony; 30
	188	+
	189	+	(4) Criminal violation of a State, county, or municipal rule or regulation, if 31
	190	+	the violation is not a felony; 32 SENATE BILL 873 5
49	191
50	192
51	193
52		-	BY repealing and reenacting, with amendments, 1
53		-	Article – Criminal Law 2
54		-	Section 3–206 and 3–209 3
55		-	Annotated Code of Maryland 4
56		-	(2021 Replacement Volume and 2024 Supplement) 5
	194	+	(5) Doing or omitting to do any act made punishable by a fine, 1
	195	+	imprisonment, or other penalty as provided by the particular law, ordinance, rule, or 2
	196	+	regulation defining the violation if the violation is not a felony; 3
57	197
58		-	BY repealing and reenacting, with amendments, 6
59		-	Article – Courts and Judicial Proceedings 7
60		-	Section 4–301(b) and 4–302(d) 8
61		-	Annotated Code of Maryland 9
62		-	(2020 Replacement Volume and 2024 Supplement) 10
	198	+	(6) Violation of § 8–103 of the Criminal Law Article, whether a felony or a 4
	199	+	misdemeanor; 5
63	200
64		-	BY repealing and reenacting, with amendments, 11
65		-	Article – Criminal Procedure 12
66		-	Section 10–110(a) and (c) 13
67		-	Annotated Code of Maryland 14
68		-	(2018 Replacement Volume and 2024 Supplement) 15
	201	+	(7) Violation of § 8–203, § 8–204, § 8–205, § 8–206, § 8–207, § 8–208, or § 6
	202	+	8–209 of the Criminal Law Article, whether a felony or misdemeanor; 7
69	203
70		-	~~SECTION 1.~~ ~~BE IT ENACTED BY~~ THE ~~GENERAL ASSEMBLY OF MARYLAND~~, 16
71		-	~~That the Laws of Maryland read as follows: 17~~
	204	+	(8) Forgery or violation of Title 8, Subtitle 6 of the Criminal Law Article, 8
	205	+	whether a felony or misdemeanor; 9
72	206
73		-	Article – Criminal Law 18
	207	+	(9) Violation of Title 27, Subtitle 4 of the Insurance Article, whether a 10
	208	+	felony or a misdemeanor; 11
74	209
75		-	3–~~203.1. 19~~
	210	+	(10) Violation of § 9–1106 of the Labor and Employment Article; 12
76	211
77		-	(A) (1) IN THIS SECTION , “OFFENSIVE CONTACT ” MEANS 20
78		-	NONCONSENSUAL PHYSIC AL CONTACT THAT A RE ASONABLE PERSON WOUL D FIND 21
79		-	TO BE OFFENSIVE . 22
	212	+	(11) Violation of § 8–301 of the Criminal Law Article, whether a felony or 13
	213	+	misdemeanor; 14
80	214
81		-	(2) ~~“OFFENSIVE CONTACT ” DOES NOT INCLUDE : 23~~
	215	+	(12) Violation of § 2–209 of the Criminal Law Article; 15
82	216
83		-	(I) ~~CONTACT THAT RESULTS IN PH YSICAL INJURY~~; 24
	217	+	(13) Violation of Title 2, Subtitle 5 of the Criminal Law Article; 16
84	218
85		-	(II) CONTACT THAT CAUSES A RISK OF SERIOUS PHYS ICAL 25
86		-	INJURY; 26
	219	+	(14) Violation of Title 11, Subtitle 5 of the Financial Institutions Article; 17
87	220
88		-	(~~III~~) ~~A DOMESTICALLY RELAT ED CRIME, AS DEFINED IN~~ § 6–~~233 27~~
89		-	OF THE CRIMINAL ~~PROCEDURE~~ ARTICLE; OR 28
	221	+	(15) Violation of § 10–604, § 10–605, § 10–606, § 10–607, § 10–607.1, or § 18
	222	+	10–608 of the Criminal Law Article, whether a felony or misdemeanor; 19
90	223
91		-	(IV) A SEXUAL CRIME UNDER SUBTITLE 3 OF THIS TITLE. 29
	224	+	(16) Violation of Title 7, Subtitle 3, Part III of the Criminal Law Article, 20
	225	+	whether a felony or misdemeanor; 21
92	226
93		-	(B) A PERSON MAY NOT : 30
	227	+	(17) Violation of § 20–102 of the Transportation Article, whether a felony or 22
	228	+	misdemeanor; 23
94	229
95		-	(1) INTENTIONALLY CAUSE OFFENSIVE CONTACT ; 31 SENATE BILL 873 3
	230	+	(18) Violation of § 8–801 of the Criminal Law Article; 24
	231	+
	232	+	(19) Violation of § 8–604 of the Criminal Law Article; 25
	233	+
	234	+	(20) Violation of Title 8, Subtitle 2, Part II of the Criminal Law Article; 26
	235	+
	236	+	(21) Violation of § 16–801, § 16–802, § 16–803, or § 16–804 of the Election 27
	237	+	Law Article; 28
	238	+
	239	+	(22) Violation of § 3–203(c) of the Criminal Law Article; 29 6 SENATE BILL 873
96	240
97	241
98	242
99		-	(2) ~~ENGAGE IN CONDUCT IN TENDING TO PUT ANOTH ER IN FEAR~~ OF 1
100		-	~~OFFENSIVE CONTACT~~ ; OR 2
	243	+	(23) Violation of § 11–208 of the Criminal Law Article as a second or 1
	244	+	subsequent offense; 2
101	245
102		-	(3) ATTEMPT TO CAUSE OFF ENSIVE CONTACT . 3
	246	+	(24) Violation of § 11–721 of the Criminal Procedure Article as a second or 3
	247	+	subsequent offense; [or] 4
103	248
104		-	(C) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF THE 4
105		-	MISDEMEANOR OF ASSAULT IN THE THIRD DEGREE AND ON CONVICTION IS SUBJECT 5
106		-	TO IMPRISONMENT NOT EXC EEDING 90 DAYS OR A FINE NOT E XCEEDING $500 OR 6
107		-	BOTH. 7
	249	+	(25) Violation of § 3–1102(b) or § 3–1103 of the Criminal Law Article; OR 5
108	250
109		-	3–~~206~~. 8
	251	+	(26) VIOLATION OF § 3–203.1 OF THE CRIMINAL LAW ARTICLE. 6
110	252
111		-	(a) An indictment, information, other charging document, or warrant for a crime 9
112		-	described in § 3–202, § 3–203, or § 3–205 of this subtitle is sufficient if it substantially 10
113		-	states: 11
	253	+	4–302. 7
114	254
115		-	“(name of defendant) on (date) in (county) assaulted (name of victim) in the ........ 12
116		-	degree or (describe other violation) in violation of (section violated) against the peace, 13
117		-	government, and dignity of the State.”. 14
	255	+	(d) (1) Except as provided in paragraph (2) of this subsection, the jurisdiction 8
	256	+	of the District Court is concurrent with that of the circuit court in a criminal case: 9
118	257
119		-	(b) If the general form of indictment or information described in subsection (a) of 15
120		-	this section is used to charge a crime described in § 3–202, § 3–203, or § 3–205 of this 16
121		-	subtitle in a case in the circuit court, the defendant, on timely demand, is entitled to a bill 17
122		-	of particulars. 18
	258	+	(i) In which the penalty may be confinement for 3 years or more or 10
	259	+	a fine of $2,500 or more; or 11
123	260
124		-	(c) A charge of assault in the first degree also charges a defendant with assault 19
125		-	in the second degree. 20
	261	+	(ii) That is a felony, as provided in § 4–301(b)(2), (6), (7), (8), (9), (10), 12
	262	+	(11), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), and (25) of this 13
	263	+	subtitle. 14
126	264
127		-	(d) (1) ~~UNLESS SPECIFICALLY C HARGED BY THE STATE, ASSAULT~~ IN ~~THE 21~~
128		-	~~THIRD DEGREE UNDER~~ § 3–203.1 ~~OF THIS SUBTITLE IS NOT A LESSER INCLUDE D 22~~
129		-	~~CRIME~~ OF ~~ANY OTHER C RIME~~. 23
	265	+	(2) (i) Except as provided in subparagraph (ii) of this paragraph, a 15
	266	+	circuit court does not have jurisdiction to try a case charging a violation of § 3–203.1, § 16
	267	+	5–601, or § 5–620 of the Criminal Law Article. 17
130	268
131		-	(2) A ~~CHARGING DOCUMENT OR WARRANT FOR~~ A ~~CRIME DESCRIBED 24~~
132		-	IN § 3–203.1 OF ~~THIS SUBTITLE IS SUFFICIENT~~ IF ~~IT SUB STANTIALLY STATES~~ : 25
	269	+	(ii) A circuit court does have jurisdiction to try a case charging a 18
	270	+	violation of § 3–203.1, § 5–601, or § 5–620 of the Criminal Law Article if the defendant: 19
133	271
134		-	“(NAME OF DEFENDANT ) ON (DATE) IN (COUNTY) COMMITTED ASSAULT IN THE 26
135		-	THIRD DEGREE AGAINST (NAME OF VICTIM ) IN VIOLATION OF § 3–203.1 OF THE 27
136		-	CRIMINAL LAW ARTICLE AGAINST THE P EACE, GOVERNMENT , AND DIGNITY OF THE 28
137		-	STATE.”. 29
	272	+	1. Properly demands a jury trial; 20
138	273
139		-	(E) (1) To be found guilty of reckless endangerment under § 3–204 of this 30
140		-	subtitle, a defendant must be charged specifically with reckless endangerment. 31
141		-	4 SENATE BILL 873
	274	+	2. Appeals as provided by law from a final judgment entered 21
	275	+	in the District Court; or 22
	276	+
	277	+	3. Is charged with another offense arising out of the same 23
	278	+	circumstances that is within a circuit court’s jurisdiction. 24
	279	+
	280	+	Article – Criminal Procedure 25
	281	+
	282	+	10–110. 26
	283	+
	284	+	(a) A person may file a petition listing relevant facts for expungement of a police 27
	285	+	record, court record, or other record maintained by the State or a political subdivision of 28
	286	+	the State if the person is convicted of: 29
	287	+	SENATE BILL 873 7
142	288
143	289
144		-	(2) A charging document for reckless endangerment under § 3–204 of this 1
145		-	subtitle is sufficient if it substantially states: 2
	290	+	(1) a misdemeanor that is a violation of: 1
146	291
147		-	“(name of defendant) on (date) in (county) committed reckless endangerment in 3
148		-	violation of § 3–204 of the Criminal Law Article against the peace, government, and dignity 4
149		-	of the State.”. 5
	292	+	(i) § 6–320 of the Alcoholic Beverages and Cannabis Article; 2
150	293
151		-	(3) ~~If more than one individual is endangered by the conduct~~ of the 6
152		-	~~defendant, a separate charge may be brought for each individual endangered. 7~~
	294	+	(ii) an offense listed in § 17–613(a) of the Business Occupations and 3
	295	+	Professions Article; 4
153	296
154		-	(4) ~~A charging document containing a charge~~ of ~~reckless endangerment 8~~
155		-	~~under § 3–204 of this subtitle may: 9~~
	297	+	(iii) § 5–712, § 19–304, § 19–308, or Title 5, Subtitle 6 or Subtitle 9 of 5
	298	+	the Business Regulation Article; 6
156	299
157		-	(i) include a count for each individual endangered by the conduct of 10
158		-	the defendant; or 11
	300	+	(iv) § 3–1508 or § 10–402 of the Courts Article; 7
159	301
160		-	(ii) ~~contain a single count based on the conduct~~ of the ~~defendant, 12~~
161		-	~~regardless of the number of individuals endangered by the conduct of the defendant. 13~~
	302	+	(v) § 14–1915, § 14–2902, or § 14–2903 of the Commercial Law 8
	303	+	Article; 9
162	304
163		-	(5) If the general form of charging document described in paragraph (2) of 14
164		-	this subsection is used to charge reckless endangerment under § 3–204 of this subtitle in a 15
165		-	case in the circuit court, the defendant, on timely demand, is entitled to a bill of particulars. 16
	305	+	(vi) § 5–211 of this article; 10
166	306
167		-	3–~~209~~. 17
	307	+	(vii) [§ 3–203] § 3–203.1 or § 3–808 of the Criminal Law Article; 11
168	308
169		-	(a) ~~Subject to [subsection~~ ~~(b)] SUBSECTIONS (B) AND (C)~~ of ~~this section~~, ~~a person 18~~
170		-	~~charged with a crime under § 3~~–~~202~~, § 3–~~203~~, § 3–~~203.1~~, § 3–~~204~~, or § 3–~~205~~ of ~~this subtitle 19~~
171		-	~~may assert any judicially recognized defense. 20~~
	309	+	(viii) § 5–601 not involving the use or possession of cannabis, § 12
	310	+	5–602(b)(1), § 5–618, § 5–619, § 5–620, § 5–703, § 5–708, or § 5–902 of the Criminal Law 13
	311	+	Article; 14
172	312
173		-	(b) The discovery or perception of, or belief about, another person’s race, color, 21
174		-	national origin, sex, gender identity, sexual orientation, religious beliefs, or disability, 22
175		-	whether or not accurate, is not a defense to the crime of assault in any degree. 23
	313	+	(ix) § 6–105, § 6–108, § 6–205 (fourth degree burglary), § 6–206, § 15
	314	+	6–301, § 6–303, § 6–306, § 6–307, § 6–402, or § 6–503 of the Criminal Law Article; 16
176	315
177		-	(C) A PHYSICAL INJURY OF A VICTIM RESULTING FRO M A VIOLATION OF § 24
178		-	3–203.1 OF THIS SUBTITLE IS NOT A DE FENSE TO A CHARGE UN DER § 3–203.1 OF 25
179		-	THIS SUBTITLE. 26
	316	+	(x) § 7–104, § 7–203, § 7–205, § 7–304, § 7–308, or § 7–309 of the 17
	317	+	Criminal Law Article; 18
180	318
181		-	Article – Courts and Judicial Proceedings 27
	319	+	(xi) § 8–103, § 8–206, § 8–401, § 8–402, § 8–404, § 8–406, § 8–408, § 19
	320	+	8–503, § 8–521, § 8–523, or § 8–904 of the Criminal Law Article; 20
182	321
183		-	4–~~301. 28~~
	322	+	(xii) § 9–204, § 9–205, § 9–503, or § 9–506 of the Criminal Law Article; 21
184	323
185		-	(b) Except as provided in § 4–302 of this subtitle, the District Court also has 29
186		-	exclusive original jurisdiction in a criminal case in which a person at least 18 years old or 30
187		-	a corporation is charged with: 31
188		-	SENATE BILL 873 5
	324	+	(xiii) § 10–110, § 10–201, § 10–402, § 10–404, or § 10–502 of the 22
	325	+	Criminal Law Article; 23
189	326
	327	+	(xiv) § 11–303, § 11–306, or § 11–307 of the Criminal Law Article; 24
190	328
191		-	(1) ~~Commission of a common~~–~~law or statutory misdemeanor regardless of 1~~
192		-	~~the amount of money~~ or ~~value~~ of the ~~property involved~~; 2
	329	+	(xv) § 12–102, § 12–103, § 12–104, § 12–105, § 12–109, § 12–203, § 25
	330	+	12–204, § 12–205, or § 12–302 of the Criminal Law Article; 26
193	331
194		-	(2) Violation of § 7–104, § 7–105, § 7–107, or § 7–108 of the Criminal Law 3
195		-	Article, whether a felony or a misdemeanor; 4
	332	+	(xvi) § 13–401, § 13–602, or § 16–201 of the Election Law Article; 27
196	333
197		-	(3) Violation of a county, municipal, or other ordinance, if the violation is 5
198		-	not a felony; 6
	334	+	(xvii) [§ 4–509 of the Family Law Article; 28
199	335
200		-	(4) Criminal violation of a State, county, or municipal rule or regulation, if 7
201		-	the violation is not a felony; 8
202		-
203		-	(5) Doing or omitting to do any act made punishable by a fine, 9
204		-	imprisonment, or other penalty as provided by the particular law, ordinance, rule, or 10
205		-	regulation defining the violation if the violation is not a felony; 11
206		-
207		-	(6) Violation of § 8–103 of the Criminal Law Article, whether a felony or a 12
208		-	misdemeanor; 13
209		-
210		-	(7) Violation of § 8–203, § 8–204, § 8–205, § 8–206, § 8–207, § 8–208, or § 14
211		-	8–209 of the Criminal Law Article, whether a felony or misdemeanor; 15
212		-
213		-	(8) Forgery or violation of Title 8, Subtitle 6 of the Criminal Law Article, 16
214		-	whether a felony or misdemeanor; 17
215		-
216		-	(9) Violation of Title 27, Subtitle 4 of the Insurance Article, whether a 18
217		-	felony or a misdemeanor; 19
218		-
219		-	(10) Violation of § 9–1106 of the Labor and Employment Article; 20
220		-
221		-	(11) Violation of § 8–301 of the Criminal Law Article, whether a felony or 21
222		-	misdemeanor; 22
223		-
224		-	(12) Violation of § 2–209 of the Criminal Law Article; 23
225		-
226		-	(13) Violation of Title 2, Subtitle 5 of the Criminal Law Article; 24
227		-
228		-	(14) Violation of Title 11, Subtitle 5 of the Financial Institutions Article; 25
229		-
230		-	(15) Violation of § 10–604, § 10–605, § 10–606, § 10–607, § 10–607.1, or § 26
231		-	10–608 of the Criminal Law Article, whether a felony or misdemeanor; 27
232		-
233		-	(16) Violation of Title 7, Subtitle 3, Part III of the Criminal Law Article, 28
234		-	whether a felony or misdemeanor; 29
235		-
236		-	(17) Violation of § 20–102 of the Transportation Article, whether a felony or 30
237		-	misdemeanor; 31 6 SENATE BILL 873
	336	+	(xviii)] § 18–215 of the Health – General Article; 29 8 SENATE BILL 873
238	337
239	338
240	339
241		-	(18) Violation of § 8–801 of the Criminal Law Article; 1
	340	+	[(xix)] (XVIII) § 4–411 or § 4–2005 of the Housing and Community 1
	341	+	Development Article; 2
242	342
243		-	(19) Violation of § 8–604 of the Criminal Law Article; 2
	343	+	[(xx)] (XIX) § 27–403, § 27–404, § 27–405, § 27–406, § 27–406.1, § 3
	344	+	27–407, § 27–407.1, or § 27–407.2 of the Insurance Article; 4
244	345
245		-	(20) Violation of Title 8, Subtitle 2, Part II of the Criminal Law Article; 3
	346	+	[(xxi)] (XX) § 8–725.4, § 8–725.5, § 8–725.6, § 8–725.7, § 8–726, § 5
	347	+	8–726.1, § 8–727.1, or § 8–738.2 of the Natural Resources Article or any prohibited act 6
	348	+	related to speed limits for personal watercraft; 7
246	349
247		-	(21) ~~Violation of~~ § 16–~~801~~, § 16–~~802~~, § 16–~~803~~, or § 16–~~804 of the Election 4~~
248		-	~~Law~~ Article; 5
	350	+	[(xxii)] (XXI) § 10–301, § 10–306, § 10–308.1, § 10–413(e)(1), § 10–418, 8
	351	+	§ 10–502, § 10–611, or § 10–907(a) of the Natural Resources Article; 9
249	352
250		-	(22) Violation of § 3–203(c) of the Criminal Law Article; 6
	353	+	[(xxiii)] (XXII) § 5–307, § 5–308, § 6–602, § 7–402, or § 14–114 of 10
	354	+	the Public Safety Article; 11
251	355
252		-	(23) ~~Violation of~~ § 11–~~208~~ of the ~~Criminal Law Article as a second or 7~~
253		-	~~subsequent offense~~; 8
	356	+	[(xxiv)] (XXIII) § 7–318.1, § 7–509, or § 10–507 of the Real Property 12
	357	+	Article; 13
254	358
255		-	(24) Violation of § 11–721 of the Criminal Procedure Article as a second or 9
256		-	subsequent offense; [or] 10
	359	+	[(xxv)] (XXIV) § 9–124 of the State Government Article; 14
257	360
258		-	(25) Violation of § 3–1102(b) or § 3–1103 of the Criminal Law Article; OR 11
	361	+	[(xxvi)] (XXV) § 13–1001, § 13–1004, § 13–1007, or § 13–1024 of 15
	362	+	the Tax – General Article; 16
259	363
260		-	(26) ~~VIOLATION OF~~ § 3–~~203.1~~ OF THE ~~CRIMINAL LAW~~ ARTICLE~~. 12~~
	364	+	[(xxvii)] (XXVI) § 16–303 of the Transportation Article; or 17
261	365
262		-	4–302. 13
	366	+	[(xxviii)] (XXVII) the common law offenses of affray, rioting, criminal 18
	367	+	contempt, battery, or hindering; 19
263	368
264		-	(d) (1) Except as provided in paragraph (2) of this subsection, the jurisdiction 14
265		-	of the District Court is concurrent with that of the circuit court in a criminal case: 15
	369	+	(2) a felony that is a violation of: 20
266	370
267		-	(i) In which the penalty may be confinement for 3 years or more or 16
268		-	a fine of $2,500 or more; or 17
	371	+	(i) § 7–104 of the Criminal Law Article; 21
269	372
270		-	(ii) That is a felony, as provided in § 4–301(b)(2), (6), (7), (8), (9), (10), 18
271		-	(11), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), and (25) of this 19
272		-	subtitle. 20
	373	+	(ii) the prohibition against possession with intent to distribute a 22
	374	+	controlled dangerous substance under § 5–602 of the Criminal Law Article; or 23
273	375
274		-	(2) (i) Except as provided in subparagraph (ii) of this paragraph, a 21
275		-	circuit court does not have jurisdiction to try a case charging a violation of § 3–203.1, § 22
276		-	5–601, or § 5–620 of the Criminal Law Article. 23
	376	+	(iii) § 6–202(a), § 6–203, or § 6–204 of the Criminal Law Article; or 24
277	377
278		-	(ii) A ~~circuit court does have jurisdiction to try~~ a ~~case charging a 24~~
279		-	~~violation~~ of ~~§ 3–203~~.~~1, § 5–601, or § 5–620 of the Criminal Law Article if the defendant: 25~~
	378	+	(3) an attempt, a conspiracy, or a solicitation of any offense listed in item 25
	379	+	(1) or (2) of this subsection. 26
280	380
281		-	1. Properly demands a jury trial; 26
282		-
283		-	2. Appeals as provided by law from a final judgment entered 27
284		-	in the District Court; or 28
285		-	SENATE BILL 873 7
286		-
287		-
288		-	3. Is charged with another offense arising out of the same 1
289		-	circumstances that is within a circuit court’s jurisdiction. 2
290		-
291		-	Article – Criminal Procedure 3
292		-
293		-	10–110. 4
294		-
295		-	(a) A person may file a petition listing relevant facts for expungement of a police 5
296		-	record, court record, or other record maintained by the State or a political subdivision of 6
297		-	the State if the person is convicted of: 7
298		-
299		-	(1) a misdemeanor that is a violation of: 8
300		-
301		-	(i) § 6–320 of the Alcoholic Beverages and Cannabis Article; 9
302		-
303		-	(ii) an offense listed in § 17–613(a) of the Business Occupations and 10
304		-	Professions Article; 11
305		-
306		-	(iii) § 5–712, § 19–304, § 19–308, or Title 5, Subtitle 6 or Subtitle 9 of 12
307		-	the Business Regulation Article; 13
308		-
309		-	(iv) § 3–1508 or § 10–402 of the Courts Article; 14
310		-
311		-	(v) § 14–1915, § 14–2902, or § 14–2903 of the Commercial Law 15
312		-	Article; 16
313		-
314		-	(vi) § 5–211 of this article; 17
315		-
316		-	(vii) [§ 3–203] § 3–203.1 or § 3–808 of the Criminal Law Article; 18
317		-
318		-	(viii) § 5–601 not involving the use or possession of cannabis, § 19
319		-	5–602(b)(1), § 5–618, § 5–619, § 5–620, § 5–703, § 5–708, or § 5–902 of the Criminal Law 20
320		-	Article; 21
321		-
322		-	(ix) § 6–105, § 6–108, § 6–205 (fourth degree burglary), § 6–206, § 22
323		-	6–301, § 6–303, § 6–306, § 6–307, § 6–402, or § 6–503 of the Criminal Law Article; 23
324		-
325		-	(x) § 7–104, § 7–203, § 7–205, § 7–304, § 7–308, or § 7–309 of the 24
326		-	Criminal Law Article; 25
327		-
328		-	(xi) § 8–103, § 8–206, § 8–401, § 8–402, § 8–404, § 8–406, § 8–408, § 26
329		-	8–503, § 8–521, § 8–523, or § 8–904 of the Criminal Law Article; 27
330		-
331		-	(xii) § 9–204, § 9–205, § 9–503, or § 9–506 of the Criminal Law Article; 28
332		-
333		-	(xiii) § 10–110, § 10–201, § 10–402, § 10–404, or § 10–502 of the 29
334		-	Criminal Law Article; 30 8 SENATE BILL 873
	381	+	(c) (1) Except as otherwise provided in this subsection, a petition for 27
	382	+	expungement under this section may not be filed earlier than 5 years after the person 28
	383	+	satisfies the sentence or sentences imposed for all convictions for which expungement is 29
	384	+	requested, including parole, probation, or mandatory supervision. 30 SENATE BILL 873 9
335	385
336	386
337	387
338		-	(xiv) § 11–303, § 11–306, or § 11–307 of the Criminal Law Article; 1
	388	+	(2) A petition for expungement for [a violation of § 3–203 of the Criminal 1
	389	+	Law Article or] common law battery may not be filed earlier than 7 years after the person 2
	390	+	satisfies the sentence or sentences imposed for all convictions for which expungement is 3
	391	+	requested, including parole, probation, or mandatory supervision. 4
339	392
340		-	(xv) § 12–102, § 12–103, § 12–104, § 12–105, § 12–109, § 12–203, § 2
341		-	12–204, § 12–205, or § 12–302 of the Criminal Law Article; 3
	393	+	(3) A petition for expungement for an offense classified as a domestically 5
	394	+	related crime under § 6–233 of this article may not be filed earlier than 15 years after the 6
	395	+	person satisfies the sentence or sentences imposed for all convictions for which 7
	396	+	expungement is requested, including parole, probation, or mandatory supervision. 8
342	397
343		-	(xvi) § 13–401, § 13–602, or § 16–201 of the Election Law Article; 4
	398	+	(4) Except as provided in paragraphs (5) and (6) of this subsection, a 9
	399	+	petition for expungement of a felony may not be filed earlier than 7 years after the person 10
	400	+	satisfies the sentence or sentences imposed for all convictions for which expungement is 11
	401	+	requested, including parole, probation, or mandatory supervision. 12
344	402
345		-	(xvii) [§ 4–509 of the Family Law Article; 5
	403	+	(5) A petition for expungement of a conviction of possession with intent to 13
	404	+	distribute cannabis under § 5–602 of the Criminal Law Article may not be filed earlier than 14
	405	+	3 years after the person satisfies the sentence or sentences imposed for all convictions for 15
	406	+	which expungement is requested, including parole, probation, or mandatory supervision. 16
346	407
347		-	(xviii)] § 18–215 of the Health – General Article; 6
	408	+	(6) A petition for expungement of a conviction for § 6–202(a), § 6–203, or a 17
	409	+	felony that is a violation of § 7–104 of the Criminal Law Article may not be filed earlier 18
	410	+	than 10 years after the person satisfies the sentence or sentences imposed for all convictions 19
	411	+	for which expungement is requested, including parole, probation, or mandatory 20
	412	+	supervision. 21
348	413
349		-	[(xix)] (XVIII) § 4–411 or § 4–2005 of the Housing and Community 7
350		-	Development Article; 8
351		-
352		-	[(xx)] (XIX) § 27–403, § 27–404, § 27–405, § 27–406, § 27–406.1, § 9
353		-	27–407, § 27–407.1, or § 27–407.2 of the Insurance Article; 10
354		-
355		-	[(xxi)] (XX) § 8–725.4, § 8–725.5, § 8–725.6, § 8–725.7, § 8–726, § 11
356		-	8–726.1, § 8–727.1, or § 8–738.2 of the Natural Resources Article or any prohibited act 12
357		-	related to speed limits for personal watercraft; 13
358		-
359		-	[(xxii)] (XXI) § 10–301, § 10–306, § 10–308.1, § 10–413(e)(1), § 10–418, 14
360		-	§ 10–502, § 10–611, or § 10–907(a) of the Natural Resources Article; 15
361		-
362		-	[(xxiii)] (XXII) § 5–307, § 5–308, § 6–602, § 7–402, or § 14–114 of 16
363		-	the Public Safety Article; 17
364		-
365		-	[(xxiv)] (XXIII) § 7–318.1, § 7–509, or § 10–507 of the Real Property 18
366		-	Article; 19
367		-
368		-	[(xxv)] (XXIV) § 9–124 of the State Government Article; 20
369		-
370		-	[(xxvi)] (XXV) § 13–1001, § 13–1004, § 13–1007, or § 13–1024 of 21
371		-	the Tax – General Article; 22
372		-
373		-	[(xxvii)] (XXVI) § 16–303 of the Transportation Article; or 23
374		-
375		-	[(xxviii)] (XXVII) the common law offenses of affray, rioting, criminal 24
376		-	contempt, battery, or hindering; 25
377		-
378		-	(2) a felony that is a violation of: 26
379		-
380		-	(i) § 7–104 of the Criminal Law Article; 27
381		-	SENATE BILL 873 9
382		-
383		-
384		-	(ii) the prohibition against possession with intent to distribute a 1
385		-	controlled dangerous substance under § 5–602 of the Criminal Law Article; or 2
386		-
387		-	(iii) § 6–202(a), § 6–203, or § 6–204 of the Criminal Law Article; or 3
388		-
389		-	(3) an attempt, a conspiracy, or a solicitation of any offense listed in item 4
390		-	(1) or (2) of this subsection. 5
391		-
392		-	(c) (1) Except as otherwise provided in this subsection, a petition for 6
393		-	expungement under this section may not be filed earlier than 5 years after the person 7
394		-	satisfies the sentence or sentences imposed for all convictions for which expungement is 8
395		-	requested, including parole, probation, or mandatory supervision. 9
396		-
397		-	(2) A petition for expungement for [a violation of § 3–203 of the Criminal 10
398		-	Law Article or] common law battery may not be filed earlier than 7 years after the person 11
399		-	satisfies the sentence or sentences imposed for all convictions for which expungement is 12
400		-	requested, including parole, probation, or mandatory supervision. 13
401		-
402		-	(3) A petition for expungement for an offense classified as a domestically 14
403		-	related crime under § 6–233 of this article may not be filed earlier than 15 years after the 15
404		-	person satisfies the sentence or sentences imposed for all convictions for which 16
405		-	expungement is requested, including parole, probation, or mandatory supervision. 17
406		-
407		-	(4) Except as provided in paragraphs (5) and (6) of this subsection, a 18
408		-	petition for expungement of a felony may not be filed earlier than 7 years after the person 19
409		-	satisfies the sentence or sentences imposed for all convictions for which expungement is 20
410		-	requested, including parole, probation, or mandatory supervision. 21
411		-
412		-	(5) A petition for expungement of a conviction of possession with intent to 22
413		-	distribute cannabis under § 5–602 of the Criminal Law Article may not be filed earlier than 23
414		-	3 years after the person satisfies the sentence or sentences imposed for all convictions for 24
415		-	which expungement is requested, including parole, probation, or mandatory supervision. 25
416		-
417		-	(6) A petition for expungement of a conviction for § 6–202(a), § 6–203, or a 26
418		-	felony that is a violation of § 7–104 of the Criminal Law Article may not be filed earlier 27
419		-	than 10 years after the person satisfies the sentence or sentences imposed for all convictions 28
420		-	for which expungement is requested, including parole, probation, or mandatory 29
421		-	supervision. 30
422		-
423		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 31
424		-	October 1, 2025. 32
425		-
426		-	(a) There is a Workgroup to Study Adoption of a Statute for Assault in the Third 33
427		-	Degree. 34
428		-
429		-	(b) The Workgroup consists of the following members: 35
430		-	10 SENATE BILL 873
431		-
432		-
433		-	(1) three members of the Senate of Maryland, appointed by the President 1
434		-	of the Senate; 2
435		-
436		-	(2) three members of the House of Delegates, appointed by the Speaker of 3
437		-	the House; 4
438		-
439		-	(3) the Attorney General, or the Attorney General’s designee; 5
440		-
441		-	(4) the Public Defender, or the Public Defender’s designee; 6
442		-
443		-	(5) the Executive Director of the Governor’s Office of Crime Prevention and 7
444		-	Policy, or the Executive Director’s designee; 8
445		-
446		-	(6) the President of the Maryland State’s Attorneys’ Association, or the 9
447		-	President’s designee; 10
448		-
449		-	(7) one retired State circuit court judge with expertise in criminal law, 11
450		-	appointed by the Chief Justice of the Supreme Court of Maryland; 12
451		-
452		-	(8) one faculty member of the University of Baltimore School of Law with 13
453		-	expertise in criminal law, appointed by the Dean of the University of Baltimore School of 14
454		-	Law; and 15
455		-
456		-	(9) one representative of a group supporting victims of domestic violence, 16
457		-	appointed by the Governor. 17
458		-
459		-	(c) The Chair of the Senate Judicial Proceedings Committee and the Chair of the 18
460		-	House Judiciary Committee shall jointly designate the chair of the Workgroup. 19
461		-
462		-	(d) The Office of the Attorney General and the Department of Legislative Services 20
463		-	shall provide staff for the Workgroup. 21
464		-
465		-	(e) A member of the Workgroup: 22
466		-
467		-	(1) may not receive compensation as a member of the Workgroup; but 23
468		-
469		-	(2) is entitled to reimbursement for expenses under the Standard State 24
470		-	Travel Regulations, as provided in the State budget. 25
471		-
472		-	(f) The Workgroup shall: 26
473		-
474		-	(1) study the expansion of the State law governing assault to include a 27
475		-	third degree; 28
476		-
477		-	(2) identify practical and legal issues that the addition of a third degree 29
478		-	assault prohibition under State law may have; 30
479		-	SENATE BILL 873 11
480		-
481		-
482		-	(3) make recommendations regarding the addition of a third degree assault 1
483		-	prohibition; and 2
484		-
485		-	(4) if the Workgroup recommends adoption of a third degree assault 3
486		-	prohibition, prepare draft legislation providing for the adoption of a third degree assault 4
487		-	prohibition, with the assistance of the Department of Legislative Services. 5
488		-
489		-	(g) On or before December 1, 2026, the Workgroup shall report its findings and 6
490		-	recommendations to the Governor and, in accordance with § 2 –1257 of the State 7
491		-	Government Article, the General Assembly. 8
492		-
493		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 9
494		-	1, 2025. It shall remain effective for a period of 2 years and, at the end of June 30, 2027, 10
495		-	this Act, with no further action required by the General Assembly, shall be abrogated and 11
496		-	of no further force and effect. 12
497		-
498		-
499		-
500		-
501		-	Approved:
502		-	________________________________________________________________________________
503		-	Governor.
504		-	________________________________________________________________________________
505		-	President of the Senate.
506		-	________________________________________________________________________________
507		-	Speaker of the House of Delegates.
	414	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
	415	+	October 1, 2025. 23