S T A T E O F N E W Y O R K
________________________________________________________________________
6617--A
2011-2012 Regular Sessions
I N A S S E M B L Y
March 23, 2011
___________
Introduced by M. of A. ROBERTS, JEFFRIES, BENEDETTO, M. MILLER, MAISEL,
SCHIMEL, STEVENSON, REILLY, WEISENBERG, SPANO, WEPRIN, COOK -- Multi-
Sponsored by -- M. of A. ABBATE, BOYLE, CALHOUN, CAMARA, CASTELLI,
CERETTO, CROUCH, DUPREY, GALEF, GIBSON, GUNTHER, HIKIND, KATZ,
J. MILLER, MONTESANO, PALMESANO, PHEFFER, RAIA, REILICH, SALADINO,
SAYWARD, THIELE, TOWNS -- read once and referred to the Committee on
Codes -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05144-06-1
A. 6617--A 2
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
(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.
A. 6617--A 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,
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.