S T A T E O F N E W Y O R K
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1742
2011-2012 Regular Sessions
I N A S S E M B L Y
January 11, 2011
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Introduced by M. of A. GIGLIO -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to offenses against public
order
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. The legislature has determined that
certain despicable individuals have been disrupting the funerals of
soldiers who died while serving in the United States Armed Forces and
that these disruptions have taken such forms as shouting insults at the
parents of the fallen. The legislature has further determined that the
deceased members of the military and their families deserve respect and
compassion and that all mourners should be left in peace.
S 2. The penal law is amended by adding four new sections 240.22,
240.23, 240.24 and 240.24-a to read as follows:
S 240.22 DISORDERLY CONDUCT IN THE FIRST DEGREE.
A PERSON IS GUILTY OF DISORDERLY CONDUCT IN THE FIRST DEGREE WHEN HE
OR SHE:
1. IN A PUBLIC PLACE AND WITH INTENT TO CAUSE PUBLIC INCONVENIENCE,
ANNOYANCE OR ALARM, OR WANTONLY CREATING A RISK THEREOF:
(A) ENGAGES IN FIGHTING OR IN VIOLENT, TUMULTUOUS OR THREATENING
BEHAVIOR;
(B) MAKES UNREASONABLE NOISE; OR
(C) CREATES A HAZARDOUS OR PHYSICALLY OFFENSIVE CONDITION BY ANY ACT
THAT SERVES NO LEGITIMATE PURPOSE; AND
2. ACTS IN THE MANNER DESCRIBED IN SUBDIVISION ONE OF THIS SECTION
WITHIN THREE HUNDRED FEET OF A:
(A) CEMETERY DURING A FUNERAL OR BURIAL;
(B) FUNERAL HOME DURING THE VIEWING OF A DECEASED PERSON;
(C) FUNERAL PROCESSION; OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02100-01-1
A. 1742 2
(D) BUILDING IN WHICH A FUNERAL OR MEMORIAL SERVICE IS BEING
CONDUCTED; AND
3. KNOWS THAT HE OR SHE IS WITHIN THREE HUNDRED FEET OF ANY AREA
DESCRIBED IN SUBDIVISION TWO OF THIS SECTION.
DISORDERLY CONDUCT IN THE FIRST DEGREE IS A CLASS A MISDEMEANOR.
S 240.23 DISORDERLY CONDUCT IN THE SECOND DEGREE.
A PERSON IS GUILTY OF DISORDERLY CONDUCT IN THE SECOND DEGREE WHEN IN
A PUBLIC PLACE AND WITH INTENT TO CAUSE PUBLIC INCONVENIENCE, ANNOYANCE
OR ALARM, OR WANTONLY CREATING A RISK THEREOF, HE OR SHE:
1. ENGAGES IN FIGHTING OR IN VIOLENT, TUMULTUOUS OR THREATENING BEHAV-
IOR; OR
2. MAKES UNREASONABLE NOISE; OR
3. REFUSES TO OBEY AN OFFICIAL ORDER TO DISPERSE ISSUED TO MAINTAIN
PUBLIC SAFETY IN DANGEROUS PROXIMITY TO A FIRE, HAZARD, OR OTHER EMER-
GENCY; OR
4. CREATES A HAZARDOUS OR PHYSICALLY OFFENSIVE CONDITION BY ANY ACT
THAT SERVES NO LEGITIMATE PURPOSE.
DISORDERLY CONDUCT IN THE SECOND DEGREE IS A CLASS B MISDEMEANOR.
S 240.24 DISRUPTION OF MEETINGS AND PROCESSIONS IN THE FIRST DEGREE.
A PERSON IS GUILTY OF DISRUPTION OF MEETINGS AND PROCESSIONS IN THE
FIRST DEGREE WHEN, WITH INTENT TO PREVENT OR DISRUPT A FUNERAL OR BURI-
AL, FUNERAL HOME VIEWING OF A DECEASED PERSON, FUNERAL PROCESSION, OR
FUNERAL OR MEMORIAL SERVICE FOR A DECEASED PERSON, HE OR SHE DOES ANY
ACT TENDING TO OBSTRUCT OR INTERFERE WITH IT PHYSICALLY OR MAKES ANY
UTTERANCE, GESTURE OR DISPLAY DESIGNED TO OUTRAGE THE SENSIBILITIES OF
THE GROUP ATTENDING THE OCCASION.
DISRUPTION OF MEETINGS AND PROCESSIONS IN THE FIRST DEGREE IS A CLASS
A MISDEMEANOR.
S 240.24-A DISRUPTION OF MEETINGS AND PROCESSIONS IN THE SECOND DEGREE.
A PERSON IS GUILTY OF DISRUPTION OF MEETINGS AND PROCESSIONS IN THE
SECOND DEGREE WHEN, WITH INTENT TO PREVENT OR DISRUPT A LAWFUL MEETING,
PROCESSION OR GATHERING, HE OR SHE DOES ANY ACT TENDING TO OBSTRUCT OR
INTERFERE WITH IT PHYSICALLY OR MAKES ANY UTTERANCE, GESTURE OR DISPLAY
DESIGNED TO OUTRAGE THE SENSIBILITIES OF THE GROUP.
DISRUPTION OF MEETINGS AND PROCESSIONS IN THE SECOND DEGREE IS A CLASS
B MISDEMEANOR.
S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.