S T A T E   O F   N E W   Y O R K
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                                  3722

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by  M.  of  A. DiPIETRO, RAIA, STEC, WALTER, CROUCH, DUPREY,
  LALOR, LUPINACCI, TENNEY, MONTESANO -- Multi-Sponsored by -- M. of  A.
  HAWLEY, OAKS -- 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.
                                                           LBD07926-01-5
              

A. 3722                             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.