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Senate Bill S7825

2009-2010 Legislative Session

Prohibits protests from being made within 1000 feet of a bereavement service

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Archive: Last Bill Status - In Senate Committee Health Committee

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2009-S7825 (ACTIVE) - Details

See Assembly Version of this Bill:
A11078
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add ยง3444, Pub Health L

2009-S7825 (ACTIVE) - Summary

Prohibits protests from being made within 1000 feet of a bereavement service.

2009-S7825 (ACTIVE) - Sponsor Memo

2009-S7825 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7825

                            I N  S E N A T E

                              May 14, 2010
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed 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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