Senate Bill S3900A

2011-2012 Legislative Session

Creates the crimes of criminal interference with a funeral service in the first and second degrees

download bill text pdf

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 09, 2012	recommit, enacting clause stricken
Jan 04, 2012	referred to veterans, homeland security and military affairs
Jun 24, 2011	recommitted to rules
Apr 11, 2011	amended on third reading 3900a
Apr 11, 2011	vote reconsidered - restored to third reading returned to senate recalled from assembly
Mar 14, 2011	referred to codes delivered to assembly passed senate ordered to third reading cal.205 reported and committed to rules
Mar 09, 2011	referred to veterans, homeland security and military affairs

Votes

- Mar 14, 2011 - Floor Vote
  S3900A
  
  Aye
  
  60
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  2
  
  Abstained
  
  0
  - - Floor Vote: Mar 14, 2011
      
      aye (60)
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin
      
      excused (2)
      
      Adams
      
      Maziarz
  Mar 14, 2011 - Veterans, Homeland Security And Military Affairs Committee Vote
  S3900A
  
  Aye
  
  14
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Veterans, Homeland Security And Military Affairs Committee Vote: Mar 14, 2011
      
      aye (14)
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Carlucci
      
      Flanagan
      
      Golden
      
      Griffo
      
      Grisanti
      
      Klein
      
      Larkin
      
      McDonald
      
      Savino
      
      Stewart-Cousins
      
      Zeldin
  Mar 14, 2011 - Rules Committee Vote
  S3900A
  
  Aye
  
  22
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Rules Committee Vote: Mar 14, 2011
      
      aye (22)
      
      Alesi
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Farley
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Saland
      
      Sampson
      
      Seward
      
      Skelos
      
      Smith
      
      Stewart-Cousins
      
      nay (1)
      
      Perkins
      
      excused (1)
      
      Duane

Bill Amendments

co-Sponsors

View additional co-sponsors

2011-S3900 - Details

See Assembly Version of this Bill:: A6617
Law Section:: Military Law
Laws Affected:: Add §255, Mil L; amd §§240.70 & 240.71, Pen L

2011-S3900 - Summary

Creates the crimes of criminal interference with a funeral service in the first and second degrees; provides that criminal interference in the first degree be a class E felony and in the second degree to be a class A misdemeanor.

2011-S3900 - Sponsor Memo

                                BILL NUMBER:S3900

TITLE OF BILL:

An act
to amend the military law and the penal law,
in relation to criminal interference with
funeral services

PURPOSE:

This bill seeks to afford the same legal protections from disruption
and harassment to funeral services that are now offered under New
York State Penal law to reproductive services clinics and religious
assemblies.

SUMMARY OF SPECIFIC PROVISIONS:

Section One of this bill would add a new section 255 to the military
law, to establish a legislative intent for the compelling state
interest in protecting the mourners at military funerals, and to
require that the Division of Military and Naval Affairs provide and
make available an informational guide which details the public
protections and protest restrictions concerning the funerals,
memorial services, wakes, burials and processions of military
personnel.

Section Two of this bill would amend Section 240.70 of the Penal Law
to afford the same protections to funerals as are now given to health
care services clinics and religious assemblies. Specifically, funeral
services for purposes of this section would include any funeral,
funeral procession, wake, memorial service, burial or burial plot
Accordingly, this section would prohibit disruptive behavior within
500 feet of a funeral service and classifies a first conviction of
such as a class A misdemeanor.

Section Three of this bill would amend Section 240.71 of the Penal Law
to establish that a second or subsequent offense of disrupting a
funeral service would be a class E felony.

Section Four of this bill would provide for an immediate effective date.

JUSTIFICATION:

On March 2, 2011, the Supreme Court of the United States decided the
case of Synder v. Phelps, 562 U.S. ___ (2011), Slip Opinion -
No.09-751. In such case, the Court found that people who protest at
funerals of military personnel, do have constitutionally protected
free speech rights, but that states also have a compelling state
interest to protect the family and friends of such deceased military
personnel during their mourning at such events. Indeed, in the
decision, the Court acknowledges a Maryland law, enacted after the
case at issue, which establishes time, place and manner restrictions
on the protesting of military funerals, and prohibits protests within
a specific distance of such events.


Indeed the Synder case specifically references the similarity of
establishing such buffer zones for health care services clinics.
This bill would accordingly, amend Section 240.70 and 240.71 of the
Penal Law, which presently establish such a buffer zone to protect a
health care services clinics and religious assemblies from 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, to also include funeral services.

As the Synder case points out, there are individuals and groups who
seek to use military funerals as a protest vehicle to advance their
ideology. The Syder court has held that as long as the First
Amendment remains in force, the right of Americans to express even
the most loathsome ideas is constitutionally protected, but can be
limited by states, with respect to time, place and manner.

This bill would enact the buffer protection zone enumerated by the
court to prevent the protesting of such a military funeral within 500
feet of the funeral, the burial, wake, memorial service, or
procession of such deceased military personnel member.
In the event a person violates this law by conducting such a protest
within the 500 foot buffer protection zone, pursuant to this bill,
they would be guilty of a class A misdemeanor on the first offense,
and a class E felony on the second or later offense.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

None noted.

EFFECTIVE DATE:

This act would take effect immediately.

2011-S3900 - Bill Text download pdf

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

                                  3900

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 9, 2011
                               ___________

Introduced  by  Sens.  GRIFFO,  ZELDIN,  BALL,  SKELOS,  ALESI, BONACIC,
  DeFRANCISCO, FARLEY, FLANAGAN, FUSCHILLO, GALLIVAN, GOLDEN,  GRISANTI,
  HANNON,  JOHNSON,  LANZA, LARKIN, LAVALLE, LIBOUS, LITTLE, MARCELLINO,
  MARTINS, MAZIARZ, McDONALD, NOZZOLIO,  O'MARA,  RANZENHOFER,  RITCHIE,
  ROBACH,  SALAND,  SEWARD, YOUNG -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Veterans,  Homeland
  Security and Military Affairs

AN ACT to amend the military law and the penal law, in relation to crim-
  inal 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 military law is amended by adding a new section 255  to
read as follows:
  S  255.  PROTESTS  AT  MILITARY FUNERALS. 1.   LEGISLATIVE INTENT. THE
LEGISLATURE FINDS AND DETERMINES THAT  CERTAIN  INDIVIDUALS  AND  GROUPS
HAVE  BEEN  DISRUPTING THE FUNERALS OF MILITARY PERSONNEL WHO DIED WHILE
SERVING IN THE ACTIVE MILITARY SERVICE OF THE UNITED STATES OR THE FORCE
OF THE ORGANIZED MILITIA.
  THE LEGISLATURE FURTHER FINDS  AND  DETERMINES  THAT  ALTHOUGH  IT  IS
IMPORTANT  FOR OUR STATE'S CITIZENS TO BE ABLE TO EXERCISE THEIR CONSTI-
TUTIONALLY PROTECTED RIGHT TO FREE SPEECH, THERE IS  ALSO  A  COMPELLING
STATE  INTEREST IN PRESERVING AND PROTECTING THE FAMILIES AND FRIENDS OF
SUCH DECEASED MILITARY PERSONNEL, ESPECIALLY AT SUCH A  SOLEMN  TIME  AS
THE DECEASED MILITARY PERSONNEL'S FUNERAL, MEMORIAL SERVICE, WAKE, BURI-
AL OR PROCESSION TO OR FROM THE SAME.
  THE  LEGISLATURE FURTHER FINDS AND DETERMINES THAT IN ORDER TO BALANCE
THE CONSTITUTIONALLY PROTECTED RIGHT TO FREE SPEECH, AND THE  COMPELLING
STATE  INTEREST  IN  PRESERVING AND PROTECTING THE MOURNING FAMILIES AND
FRIENDS OF DECEASED MILITARY PERSONNEL, THE  STATE  POLICE  POWERS,  AND
THOSE   OF  ITS  LOCALITIES,  MAY  BE  EMPLOYED  TO  PROVIDE  SUFFICIENT
PROTECTION OF THE FAMILIES AND FRIENDS OF SUCH DECEASED MILITARY PERSON-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05144-04-1

S. 3900                             2

NEL, AT SUCH A SOLEMN TIME AS THE DECEASED MILITARY PERSONNEL'S FUNERAL,
MEMORIAL SERVICE, WAKE, BURIAL OR PROCESSION TO OR FROM THE SAME.
  2.  THE  DIVISION OF MILITARY AND NAVAL AFFAIRS SHALL PROVIDE AND MAKE
AVAILABLE  AN  INFORMATIONAL  GUIDE  WHICH  SHALL  DETAIL   THE   PUBLIC
PROTECTIONS  AND  PROTEST  RESTRICTIONS CONCERNING THE FUNERAL, MEMORIAL
SERVICE, WAKE, BURIAL, OR PROCESSION TO OR FROM THE SAME OF  A  DECEASED
MILITARY PERSONNEL MEMBER.
  S  2.  The section heading, subdivision 1 and the closing paragraph 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
  (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 FIVE HUNDRED 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.

S. 3900                             3

  Criminal  interference with health care services, FUNERAL SERVICES, or
religious worship in the second degree is a class A misdemeanor.
  S 3. Section 240.71 of the penal law, as amended by chapter 493 of the
laws of 2009, 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  or
religious worship in the second degree and has been previously convicted
of the crime of criminal interference with health care services, FUNERAL
SERVICES  or  religious  worship in the first or second degree or aggra-
vated interference with health care services  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 4. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2011-S3900A (ACTIVE) - Details

See Assembly Version of this Bill:: A6617
Law Section:: Military Law
Laws Affected:: Add §255, Mil L; amd §§240.70 & 240.71, Pen L

2011-S3900A (ACTIVE) - Summary

2011-S3900A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3900A

TITLE OF BILL:
An act
to amend the military law and the penal law,
in relation to criminal interference with
funeral services

PURPOSE:
This bill seeks to afford the same legal protections from disruption
and harassment to funeral services that are now offered under New
York State Penal law to reproductive services clinics and religious
assemblies.

SUMMARY OF PROVISIONS:
Section One of this bill would add a new section 255 to the military
law, to establish a legislative intent for the compelling state
interest in protecting the mourners at military funerals, and to
require that the Division of Military and Naval Affairs provide and
make available an informational guide which details the public
protections and protest restrictions concerning the funerals,
memorial services, wakes, burials and processions of military
personnel.

Section Two of this bill would amend Section 240.70 of the Penal Law
to afford the same protections to funerals as are now given to health

care services clinics and religious assemblies. Specifically, funeral
services for purposes of this section would include any funeral,
funeral procession, wake, memorial service, burial or burial plot
Accordingly, this section would prohibit disruptive behavior within
500 feet of a funeral service and classifies a first conviction of
such as a class A misdemeanor.

Sect.ion Three of this bill would amend Section 240.71 of the Penal
Law to establish that a second or subsequent offense of disrupting a
funeral service would be a class E felony.

Section Four of this bill would provide for an immediate effective date.

JUSTIFICATION:
On March 2, 2011, the Supreme Court of the United States decided the
case of Synder v.
Phelps, 562 U.S. __ (2011), Slip Opinion - No.09-751. In such case,
the Court found that people who protest at funerals of military
personnel, do have constitutionally
protected free speech rights, but that states also have a compelling
state interest to
protect the family and friends of such deceased military personnel
during their mourning at such events. Indeed, in the decision, the
Court acknowledges a Maryland law, enacted after the case at issue,
which establishes time, place and manner restrictions on the
protesting of military funerals, and prohibits protests within a
specific distance of such events.

Indeed the Synder case specifically references the similarity of
establishing such buffer zones for health care services clinics. This


bill would accordingly, amend Section 240.70 and 240.71 of the Penal
Law, which presently establish such a buffer zone to protect a health
care services clinics and religious assemblies from 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, to also include funeral services.

As the Synder case points out, there are individuals and groups who
seek to use military funerals as a protest vehicle to advance their
ideology. The Snyder court has held that as long as the First
Amendment remains in force, the right of Americans to express even
the most loathsome ideas is constitutionally protected, but can be
limited by states, with respect to time, place and manner.

This bill would enact the buffer protection zone enumerated by the
court to prevent the protesting of such a military funeral within 500
feet of the funeral, the burial, wake, memorial service, or
procession of such deceased military personnel member. In the event a
person violates this law by conducting such a protest within the 500
foot buffer protection zone, pursuant to this bill, they would be
guilty of a class A misdemeanor on the first offense, and a class E
felony on the second or later offense.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediate.

2011-S3900A (ACTIVE) - Bill Text download pdf

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

                                 3900--A
    Cal. No. 205

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 9, 2011
                               ___________

Introduced  by  Sens. GRIFFO, ZELDIN, BALL, SKELOS, ALESI, AVELLA, BONA-
  CIC,  DeFRANCISCO,  FARLEY,  FLANAGAN,  FUSCHILLO,  GALLIVAN,  GOLDEN,
  GRISANTI,  HANNON,  JOHNSON,  KLEIN,  LANZA,  LARKIN, LAVALLE, LIBOUS,
  LITTLE, MARCELLINO,  MARTINS,  MAZIARZ,  McDONALD,  NOZZOLIO,  O'MARA,
  RANZENHOFER,  RITCHIE, ROBACH, SALAND, SEWARD, YOUNG -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Veterans, Homeland Security and Military Affairs -- reported favorably
  from  said  committee  and  committed  to  the  Committee  on Rules --
  reported favorably from said committee, ordered to  a  third  reading,
  passed  by Senate and delivered to the Assembly, recalled, vote recon-
  sidered, restored to third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

AN ACT to amend the military law and the penal law, in relation to crim-
  inal 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 military law is amended by adding a new section 255  to
read as follows:
  S  255.  PROTESTS  AT  MILITARY FUNERALS. 1.   LEGISLATIVE INTENT. THE
LEGISLATURE FINDS AND DETERMINES THAT  CERTAIN  INDIVIDUALS  AND  GROUPS
HAVE  BEEN  DISRUPTING THE FUNERALS OF MILITARY PERSONNEL WHO DIED WHILE
SERVING IN THE ACTIVE MILITARY SERVICE OF THE UNITED STATES OR THE FORCE
OF THE ORGANIZED MILITIA.
  THE LEGISLATURE FURTHER FINDS  AND  DETERMINES  THAT  ALTHOUGH  IT  IS
IMPORTANT  FOR OUR STATE'S CITIZENS TO BE ABLE TO EXERCISE THEIR CONSTI-
TUTIONALLY PROTECTED RIGHT TO FREE SPEECH, THERE IS  ALSO  A  COMPELLING
STATE  INTEREST IN PRESERVING AND PROTECTING THE FAMILIES AND FRIENDS OF
SUCH DECEASED MILITARY PERSONNEL, ESPECIALLY AT SUCH A  SOLEMN  TIME  AS
THE DECEASED MILITARY PERSONNEL'S FUNERAL, MEMORIAL SERVICE, WAKE, BURI-
AL OR PROCESSION TO OR FROM THE SAME.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05144-05-1

S. 3900--A                          2

  THE  LEGISLATURE FURTHER FINDS AND DETERMINES THAT IN ORDER TO BALANCE
THE CONSTITUTIONALLY PROTECTED RIGHT TO FREE SPEECH, AND THE  COMPELLING
STATE  INTEREST  IN  PRESERVING AND PROTECTING THE MOURNING FAMILIES AND
FRIENDS OF DECEASED MILITARY PERSONNEL, THE  STATE  POLICE  POWERS,  AND
THOSE   OF  ITS  LOCALITIES,  MAY  BE  EMPLOYED  TO  PROVIDE  SUFFICIENT
PROTECTION OF THE FAMILIES AND FRIENDS OF SUCH DECEASED MILITARY PERSON-
NEL, AT SUCH A SOLEMN TIME AS THE DECEASED MILITARY PERSONNEL'S FUNERAL,
MEMORIAL SERVICE, WAKE, BURIAL OR PROCESSION TO OR FROM THE SAME.
  2. THE DIVISION OF MILITARY AND NAVAL AFFAIRS SHALL PROVIDE  AND  MAKE
AVAILABLE   AN   INFORMATIONAL  GUIDE  WHICH  SHALL  DETAIL  THE  PUBLIC
PROTECTIONS AND PROTEST RESTRICTIONS CONCERNING  THE  FUNERAL,  MEMORIAL
SERVICE,  WAKE,  BURIAL, OR PROCESSION TO OR FROM THE SAME OF A DECEASED
MILITARY PERSONNEL MEMBER.
  S 2. The section heading, subdivision 1 and the closing  paragraph  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
  (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 FIVE HUNDRED 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

S. 3900--A                          3

  (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 3. Section 240.71 of the penal law, as amended by chapter 493 of the
laws of 2009, 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, FUNERAL SERVICES or religious worship  in  the  first  or
second  degree  or  aggravated interference with health care services 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 4. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S3900A

Sponsored By

Archive: Last Bill Status - Stricken

Actions

Votes

Mar 14, 2011 - Floor Vote

Floor Vote: Mar 14, 2011

Mar 14, 2011 - Veterans, Homeland Security And Military Affairs Committee Vote

Veterans, Homeland Security And Military Affairs Committee Vote: Mar 14, 2011

Mar 14, 2011 - Rules Committee Vote

Rules Committee Vote: Mar 14, 2011

Bill Amendments

co-Sponsors

2011-S3900 - Details

2011-S3900 - Summary

2011-S3900 - Sponsor Memo

2011-S3900 - Bill Text download pdf

co-Sponsors

2011-S3900A (ACTIVE) - Details

2011-S3900A (ACTIVE) - Summary

2011-S3900A (ACTIVE) - Sponsor Memo

2011-S3900A (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2011-S3900A

Senate Bill S3900A

Share this bill

Sponsored By

Archive: Last Bill Status - Stricken

Actions

Votes

Bill Amendments

co-Sponsors

2011-S3900 - Details

2011-S3900 - Summary

2011-S3900 - Sponsor Memo

2011-S3900 - Bill Text download pdf

co-Sponsors

2011-S3900A (ACTIVE) - Details

2011-S3900A (ACTIVE) - Summary

2011-S3900A (ACTIVE) - Sponsor Memo

2011-S3900A (ACTIVE) - Bill Text download pdf

Comments