BILL NUMBER:A11078
TITLE OF BILL: An act to amend the public health law, in relation to
protests conducted near bereavement services
PURPOSE: To respectfully allow people to grieve the loss of loved
ones without interference from organizers or individuals protesting a
certain cause in relation to the bereavement service or outside its
intent, and within close proximity of the bereavement service.
SUMMARY OF PROVISIONS: A new section, 3444, is amended in to the
Public Health law.
EXISTING LAW: There is no established law in New York State that
dissuades organizations or individuals from harassing the grieving
party at a bereavement service whether the service takes place inside
or outside a building.
JUSTIFICATION: The necessity for this law stems from the recent
protest before the bereavement service of the late Lance Corporal
Matthew A. Snyder, a twenty year old heterosexual male, whose
intermediate family was wrongfully subjected to homosexual taunts from
a congregation in another State. The congregation, upset with the
United States tolerance toward homosexuality, believes military deaths
are a result of this belief and are thus subject to the staging of
protests.
S T A T E O F N E W Y O R K
________________________________________________________________________
11078
I N A S S E M B L Y
May 13, 2010
___________
Introduced by M. of A. DenDEKKER -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to protests conducted
near bereavement services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
3444 to read as follows:
S 3444. BEREAVEMENT SERVICES; PROTESTS. 1. FOR PURPOSES OF THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "PROTEST" SHALL MEAN A PUBLIC EXPRESSION OR DECLARATION OF
OBJECTION, DISAPPROVAL, OR DISSENT BY A PERSON OR GROUP; AND
(B) "BEREAVEMENT SERVICE" SHALL MEAN A FUNERAL, WAKE OR ANY OTHER
SERVICE HELD TO HONOR THE DEATH OF A PERSON.
2. NO PERSON SHALL PROTEST WITHIN ANY BUILDING WHERE A BEREAVEMENT
SERVICE IS BEING HELD, OR WITHIN ONE THOUSAND FEET OF SUCH BUILDING IN
ANY PUBLIC STREET, OR WITHIN SUCH DISTANCE IN ANY PLACE IN A PUBLIC
MANNER AND NO BANNER, POSTER OR PLACARD OF PROTEST SHALL BE ALLOWED IN
OR UPON ANY BUILDING WHERE A BEREAVEMENT SERVICE IS BEING HELD OR WITHIN
ONE THOUSAND FEET OF SUCH BUILDING DURING SUCH BEREAVEMENT SERVICE. FOR
PURPOSES OF THIS SECTION, SUCH ONE THOUSAND FOOT DISTANCE SHALL BE
DEEMED TO INCLUDE A ONE THOUSAND FOOT RADIAL MEASURED FROM THE ENTRANCES
TO A BUILDING WHERE SUCH BEREAVEMENT SERVICE IS BEING HELD.
3. ANY FUNERAL DIRECTOR, ADMINISTRATOR OR ANY OTHER PERSON WHO IS IN
CHARGE OF A BEREAVEMENT SERVICE MAY, IN HIS OR HER DISCRETION, PLACE
DISTANCE MARKERS AT A DISTANCE OF ONE THOUSAND FEET FROM THE BUILDING
WHERE SUCH BEREAVEMENT SERVICE IS BEING HELD FOR A PERIOD OF TIME BEGIN-
NING ONE HOUR BEFORE SUCH SERVICE AND ENDING ONE HOUR AFTER SUCH SERVICE
FOR THE PURPOSE OF IDENTIFYING THE AREA IN WHICH A PROTEST SHALL NOT
TAKE PLACE.
4. ANY PERSON WHO WILLFULLY VIOLATES THE PROVISIONS OF THIS SECTION
SHALL BE GUILTY OF A MISDEMEANOR.
S 2. This act shall take effect on the sixtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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