Committee reviews amendment to narrow new third-degree assault category
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Summary
Lawmakers debated amendments to House Bill 907 that narrow a proposed third-degree assault category by excluding many domestically related victims who would be eligible for protective-orders under the Family Law Article; the committee discussed intent to reserve third-degree for non-domestic minimal-touching incidents.
The committee discussed changes to House Bill 907 that would carve out a narrower third-degree assault category and exclude many domestically related incidents handled through protective-order mechanisms.
A presenter described the amendment as shifting the exclusion language from "domestically related crimes" to a test based on the type of petitioner: if a person is eligible to seek relief under the Family Law Article (a protective order), the incident would generally be excluded from third-degree assault. The stated policy intent was to capture minimal-touching incidents (bar fights, pushing, provocative touching) that had previously been eligible for second-degree assault penalties; the amendment aims to keep those cases out of the harsher sentencing framework.
The sponsor also said the senate added language intended to prevent certain district court commissioner cases from arising from the new third-degree category. Committee members asked clarifying procedural and drafting questions; the transcript records the amendment explanation and technical edits but no final roll call on the bill during this session.
The committee's discussion focused on statutory wording (criminal law article references and cross-references to family law protective-order eligibility) and how the change affects prosecutorial charging options.
