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SB 873

Creating WV Homelessness Rehabilitation and Public Safety Act

2025 Regular Session Introduced by Mark Maynard

Establishes a temporary workgroup to study and potentially enact a new misdemeanor offense of assault in the third degree for nonconsensual, offensive contact.

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Bill Summary · SB 873

Summary — SB 873: Workgroup to Study Adoption of a Statute for Assault in the Third Degree

Status: Hearing scheduled 3/25 at 1:00 p.m.
Introduced: January 2025. Effective date (workgroup/statutory timing): July 1, 2025. Workgroup terminates June 30, 2027. Report due to Governor & General Assembly by December 1, 2026.

Purpose

SB 873 both (1) establishes a temporary workgroup to study adopting a new statutory offense of “assault in the third degree,” and (2) (in reported/amended text) proposes a statutory framework creating that offense as a misdemeanor. The goal is to codify a lower‑level assault offense addressing nonconsensual, offensive physical contact distinct from existing assault degrees.

Key provisions

  • Workgroup

    • Creates the Workgroup to Study Adoption of a Statute for Assault in the Third Degree.
    • Office of the Attorney General (OAG) and Department of Legislative Services (DLS) provide staff support.
    • Members receive no compensation but may be reimbursed for expenses (per statute).
    • Deliverable: findings, recommendations, and — if recommending adoption — draft legislation by Dec 1, 2026.
    • Effective July 1, 2025; terminates June 30, 2027.

  • Substantive (proposed statutory) changes

    • Adds § 3–203.1 defining “assault in the third degree” as a misdemeanor for intentionally causing “offensive contact,” attempting to cause offensive contact, or acting with intent to put another in fear of offensive contact.
    • “Offensive contact” defined as nonconsensual physical contact a reasonable person would find offensive; expressly excludes contact that results in physical injury, causes a risk of serious physical injury, domestically related crimes, and sexual offenses.
    • Penalty: up to 90 days’ imprisonment, a fine up to $500, or both.
    • Specifies that assault in the third degree is not a lesser‑included offense of other crimes unless the State charges it specifically.
    • A victim’s physical injury from conduct falling under § 3–203.1 is not a defense to a charge under that section.
    • Adjusts charging/pleading provisions and court jurisdiction rules: District Court has exclusive original jurisdiction for adults charged with the new misdemeanor; provides circumstances in which the circuit court may try related matters.
    • Amends expungement‑eligibility lists by removing certain references to second‑degree assault/protective‑order violations and adding assault in the third degree where indicated.

Who is affected

  • Criminal defendants and victims in lower‑level assault cases (misdemeanor).
  • Prosecutors, defense attorneys, and trial courts (shift in charging options and explicit jurisdictional statements).
  • OAG and DLS (staffing/support of the workgroup).
  • Expungement applicants (changes to which convictions qualify under specified conditions).

Fiscal impact and timeline

  • Fiscal note (DLS): OAG general fund costs estimated at ~$64,500 in FY2026 and ~$27,300 in FY2027 to contract part‑time legal staffing for the workgroup. DLS can staff with existing resources. No direct local fiscal impact identified.
  • Workgroup report due Dec 1, 2026. Workgroup sunsets June 30, 2027.

Procedural history (selected)

  • Introduced January 2025; assigned to Judicial Proceedings committee. Committee reported favorably with amendments; readings and referrals recorded. Hearing scheduled for 3/25/2025.

Note: Draft materials included in the file contained unrelated legislative text from other states/versions; this summary focuses on the Maryland SB 873 materials concerning the assault-in-third-degree workgroup and related statutory amendments.

Compiled from official sources — confirm details with the bill’s official record.

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