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

                                  6494

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              April 4, 2013
                               ___________

Introduced  by  M.  of  A. DIPIETRO, RAIA, STEC, WALTER, CROUCH, DUPREY,
  LALOR, LUPINACCI -- Multi-Sponsored by -- M. of A. HAWLEY -- read once
  and referred to the Committee on Codes

AN ACT to amend the penal law, in relation to creating  the  offense  of
  unlawful funeral protest

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The penal law is amended by adding a new section 240.12  to
read as follows:
S 240.12 UNLAWFUL FUNERAL PROTEST.
  1. A PERSON IS GUILTY OF UNLAWFUL FUNERAL PROTEST IF HE OR SHE ENGAGES
IN PROTEST ACTIVITIES AT ANY LOCATION AT WHICH A FUNERAL IS HELD, WITHIN
ONE  HOUR  PRIOR  TO THE COMMENCEMENT OF ANY FUNERAL, AND UNTIL ONE HOUR
FOLLOWING THE CESSATION OF ANY FUNERAL, IF SUCH PROTEST ACTIVITIES:
  (A) TAKE PLACE WITHIN ONE THOUSAND FEET OF A ROAD, PATHWAY,  OR  OTHER
ROUTE  OF  INGRESS  TO  OR EGRESS FROM CEMETERY PROPERTY AND INCLUDE, AS
PART OF SUCH ACTIVITIES, ANY INDIVIDUAL WILLFULLY MAKING OR ASSISTING IN
THE MAKING OF ANY NOISE OR DIVERSION THAT DISTURBS OR TENDS  TO  DISTURB
THE  PEACE  OR GOOD ORDER OF THE FUNERAL, MEMORIAL SERVICE, OR CEREMONY;
OR
  (B) ARE WITHIN ONE THOUSAND FEET  OF  SUCH  CEMETERY  AND  IMPEDE  THE
ACCESS TO OR EGRESS FROM SUCH CEMETERY.
  2. AS USED IN THIS SECTION:
  (A) "FUNERAL" MEANS THE CEREMONIES, PROCESSIONS, AND MEMORIAL SERVICES
HELD IN CONNECTION WITH THE BURIAL OR CREMATION OF THE DEAD; AND
  (B) "PROTEST ACTIVITIES" MEANS:
  (1) ANY PICKETING OR SIMILAR CONDUCT;
  (2)  ANY  ORATION,  SPEECH  OR USE OF SOUND AMPLIFICATION EQUIPMENT OR
DEVICE OR SIMILAR CONDUCT THAT IS NOT PART OF A COMMEMORATIVE SERVICE;
  (3) THE DISPLAY OF ANY PLACARD, SIGN, BANNER, FLAG OR SIMILAR  DEVICE,
UNLESS SUCH DISPLAY IS PART OF A COMMEMORATIVE SERVICE; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03940-02-3
              

A. 6494                             2

  (4) THE DISTRIBUTION OF ANY HANDBILL, PAMPHLET, LEAFLET OR OTHER WRIT-
TEN  OR  PRINTED  MATTER,  OTHER THAN A PROGRAM DISTRIBUTED AS PART OF A
COMMEMORATIVE SERVICE.
  3.  (A)  EACH  DAY  ON  WHICH A VIOLATION OF THIS SECTION OCCURS SHALL
CONSTITUTE A SEPARATE OFFENSE.
  (B) UNLAWFUL FUNERAL PROTEST IS A CLASS B MISDEMEANOR, UNLESS  COMMIT-
TED  BY  A PERSON WHO HAS PREVIOUSLY PLED GUILTY TO OR BEEN FOUND GUILTY
OF A VIOLATION OF THIS SECTION, IN WHICH CASE THE VIOLATION IS A CLASS A
MISDEMEANOR.
  S 2. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.