S T A T E O F N E W Y O R K
________________________________________________________________________
2772
2009-2010 Regular Sessions
I N A S S E M B L Y
January 21, 2009
___________
Introduced by M. of A. KOLB, TOWNSEND, FINCH, WALKER, ERRIGO -- Multi-
Sponsored by -- M. of A. ALFANO, AMEDORE, BACALLES, BARCLAY, BURLING,
BUTLER, CALHOUN, CONTE, CORWIN, CROUCH, DUPREY, FITZPATRICK, GIGLIO,
HAWLEY, HAYES, McDONOUGH, McKEVITT, MOLINARO, O'MARA, RABBITT, RAIA,
REILICH, SALADINO, THIELE, TOBACCO, WEISENBERG -- read once and
referred to the Committee on Codes
AN ACT to amend the penal law, in relation to criminal interference with
funeral services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The section heading, subdivision 1 and the closing para-
graph of section 240.70 of the penal law, as added by chapter 635 of the
laws of 1999, are amended to read as follows:
Criminal interference with health care services, FUNERAL SERVICES, or
religious worship in the second degree.
1. A person is guilty of criminal interference with health services,
FUNERAL SERVICES, or religious worship in the second degree when:
(a) by force or threat of force or by physical obstruction, he or she
intentionally injures, intimidates or interferes with, or attempts to
injure, intimidate or interfere with, another person because such other
person was or is obtaining or providing reproductive health services; or
(b) by force or threat of force or by physical obstruction, he or she
intentionally injures, intimidates or interferes with, or attempts to
injure, intimidate or interfere with, another person in order to
discourage such other person or any other person or persons from obtain-
ing or providing reproductive health services; or
(c) by force or threat of force or by physical obstruction, he or she
intentionally injures, intimidates or interferes with, or attempts to
injure, intimidate or interfere with, another person because such person
was or is seeking to exercise the right of religious freedom at a place
of religious worship; or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03695-01-9
A. 2772 2
(d) he or she intentionally damages the property of a health care
facility, or attempts to do so, because such facility provides reproduc-
tive health services, or intentionally damages the property of a place
of religious worship; OR
(E) WITH INTENT TO PREVENT OR DISRUPT A FUNERAL OR BURIAL, FUNERAL
HOME VIEWING OF A DECEASED PERSON, FUNERAL PROCESSION, OR FUNERAL OR
MEMORIAL SERVICE FOR A DECEASED PERSON, WHEN HE OR SHE:
(I) BLOCKS, IMPEDES, INHIBITS, OR IN ANY OTHER MANNER OBSTRUCTS OR
INTERFERES WITH ACCESS INTO OR FROM ANY BUILDING OR PARKING LOT OF A
BUILDING IN WHICH A FUNERAL, WAKE, MEMORIAL SERVICE, OR BURIAL IS BEING
CONDUCTED, OR ANY BURIAL PLOT OR THE PARKING LOT OF THE CEMETERY IN
WHICH A FUNERAL, WAKE, MEMORIAL SERVICE, OR BURIAL IS BEING CONDUCTED;
OR
(II) CONGREGATES, PICKETS OR DEMONSTRATES WITHIN THREE HUNDRED (300)
FEET OF AN EVENT SPECIFIED IN THIS SUBDIVISION; OR
(III) WITHOUT AUTHORIZATION FROM THE FAMILY OF THE DECEASED OR PERSON
CONDUCTING THE SERVICE, DURING A FUNERAL, WAKE, MEMORIAL SERVICE, OR
BURIAL:
(1) SINGS, CHANTS, WHISTLES, SHOUTS, YELLS, OR USES A BULLHORN, AUTO
HORN, SOUND AMPLIFICATION EQUIPMENT, OR OTHER SOUNDS OR IMAGES OBSERVA-
BLE TO OR WITHIN EARSHOT OF PARTICIPANTS IN THE FUNERAL, WAKE, MEMORIAL
SERVICE, OR BURIAL; OR
(2) DOES OR MAKES ANY UTTERANCE, GESTURE, OR DISPLAY DESIGNED TO
OUTRAGE THE SENSIBILITIES OF THE GROUP ATTENDING THE FUNERAL OR BURIAL,
FUNERAL HOME VIEWING OF A DECEASED PERSON, FUNERAL PROCESSION, OR FUNER-
AL OR MEMORIAL SERVICE FOR A DECEASED PERSON; OR
(3) DISTRIBUTES LITERATURE OR ANY OTHER ITEM.
Criminal interference with health care services, FUNERAL SERVICES, or
religious worship in the second degree is a class A misdemeanor.
S 2. Section 240.71 of the penal law, as added by chapter 635 of the
laws of 1999, is amended to read as follows:
S 240.71 Criminal interference with health care services, FUNERAL
SERVICES, or religious worship in the first degree.
A person is guilty of criminal interference with health care services,
FUNERAL SERVICES, or religious worship in the first degree when he or
she commits the crime of criminal interference with health care
services, FUNERAL SERVICES, or religious worship in the second degree
and has been previously convicted of the crime of criminal interference
with health care services or religious worship in the first or second
degree.
Criminal interference with health care services, FUNERAL SERVICES or
religious worship in the first degree is a class E felony.
S 3. This act shall take effect immediately.